“Can we sue the builder after they fix their shoddy work and finish the job?” “

In our weekly legal section, the Leader, with the wise advice of the GHP Legal team, endeavors to answer some of your issues. Senior Counsel Rod Waters answers today’s question …

Q: We hired a builder last spring to build an extension on our house. His attendance was sporadic, his work was of poor quality and we were concerned that the roof would not continue until winter. When we complained, he left work and came back to collect his equipment when we were out.

We had paid for labor and materials along the way, so we owed him nothing. However, we no longer have to pay anything because we have to pay to have the poor quality work and the extension carried out quickly by another builder to be redone. Could we go to court and sue the original manufacturer for this?

A: In February 2017, the government updated the pre-action protocol for construction and engineering disputes. This is a set of rules outlining the specific steps you need to take to resolve a construction or engineering dispute before you take legal action. The rules are intended to ensure that both parties to a dispute have taken reasonable enough steps to resolve the dispute before going to court.

If a resolution can be found without going to court, it saves everyone time and money. Additionally, if you have tried but cannot resolve the issue, the court is more likely to be sympathetic when considering awarding costs to pursue the claim, such as court fees and legal fees. .

You should send the builder a letter of complaint containing your full name and address, full name and address, a brief summary of the claim including a list of the terms invoked and the compensation or relief you are seeking, as well as the contact details of the experts you have asked to help you with your claim. Your builder must then respond, and a pre-action meeting must be scheduled within 21 days of the response letter. It may be beneficial to have an experienced dispute resolution lawyer help you reach a resolution this way.

• This question was answered by Rod Waters, Senior Counsel at GHP Legal. If you would like to speak to someone about this or any other legal matter, it is always possible, and we do everything possible to ensure that we continue to provide our high levels of service to our customers. As per government guidelines, most of our lawyers are currently working remotely, which means you may not receive a response as quickly as expected. Please be patient with us and we will get back to you as soon as possible.

Whenever possible, we ask that you contact us by phone or email. If you have a new request, please use the ‘Contact Us’ form on the website or call 01978 291456. As a company you will understand that we are always extremely busy and our colleagues are well equipped to work at distance, due to current circumstances may be discontinued, but cases are still ongoing and will be prioritized according to urgency and need. Stay safe and thank you for your support.

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