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Property Disputes

Property Disputes Top FAQs

  • There are alternative ways of resolving building and construction disputes.  Forms of alternative dispute resolution (“ADR”) include mediation, expert determination, adjudication and arbitration.  To find out whether ADR would be appropriate and effective in your case, you should seek advice from a solicitor.
  • The courts discourage parties from issuing court proceedings prematurely.  There is a formal pre-action protocol that applies to building and construction disputes.  Under the protocol, the parties tothe dispute should firstly correspond with each other to see if they can resolve matters without the need for court proceedings.  There are specific requirements for this correspondence and it is advisable to consult a solicitor, who will guide you through the protocol process.
  • The starting point is to look at the terms of the contract between you and your builder.  The contract should specify the work to be carried out andthe timescales for completion of the work.  If the builder has not complied with the terms of the contract then you may have a claim against them for breach of contract.  This is a complex area of law and you should seek legal advice.