Q: I am in dispute with a conservatory firm. After suffering months of disruption and mess there are already signs of movement. An independent surveyor’s report stated that the foundations are inadequate for the structure. I have written to the builder who dismissed the report, saying the surveyor was just trying to justify his fee. Is it worth me taking the builder to court, bearing in mind the reported court hearing delays of up to a year?
A: Quite often such disputes can be resolved without the need to go to court.Courts in England and Wales increasingly expect parties to consider Alternative Dispute Resolution (ADR), such as mediation, before court proceedings are issued or progressed, and a party unreasonably refusing to engage in ADR could face costs consequences.
You may have rights under the Consumer Rights Act 2015, which requires traders to carry out services with reasonable care and skill. Where building work falls below an acceptable standard, a consumer may be entitled to seek repairs, repeat performance or compensation.
You should bear in mind there are strict legal time limits for bringing claims, so if you wait too long you may lose the right to claim. Starting the ADR process now may help avoid the problems that can arise from faded memories and lost documents, save money and provide the best chance of an early resolution.
A solicitor can advise on the benefits of ADR and whether it may be preferable to the longer and potentially more costly process of court proceedings. We’d suggest you gather as much evidence as you can, i.e. photographs, correspondence, surveyor’s receipts etc. You should also keep copies of quotations, invoices, guarantees and any remedial repair estimates. The more evidence you have, the stronger your case will be, and the more leverage you will have to negotiate a settlement.
This question has been answered by Sarah Talbot, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194