Builder damaged my property

When you agree with a builder that they will carry out work on your home, you expect them to treat your property with care and respect. Luckily, most of the time, they do, and the results are well worth the cost and inconvenience. Sometimes, however, things go wrong. The builder can damage your property, either as a result of an accident or shoddy workmanship. Our team of expert building disputes solicitors are regularly approached by homeowners seeking an answer to their question, ‘My builder damaged my property – what can I do?’

Our property disputes solicitors regularly assist homeowners facing issues with their builders and other tradespeople. Our advice is concise, straightforward and aimed at resolving the issues as quickly and cost-effectively as possible.

Will my Home Insurance pay out if a Builder damages my property?

Generally speaking, the answer is, unfortunately, no. Home insurance policies do not cover accidental damage caused by home restorations, renovations or repairs.

However, your builder may have insurance to cover the situation. You should always ask what insurance policies your builder has in place before they start work.

We can offer initial fixed fee advice in this area but to aid homeowners with disputes on their home build projects.  The fixed fee allows you to understand how complex a dispute you may have, and the potential costs of any future legal action, as well as what steps you may be able to undertake yourself, before you commit yourself to any additional legal costs or actions. Where clients are looking for one off initial guidance to understand what steps to take  in relation to a dispute or if taking a dispute forwards is the correct step, we usually recommend a fixed fee consultation in the first instance.

For a confidential free discussion, call us today on 01908 414990,  alternatively email us at Hello@altion-law.co.uk or complete our Free Enquiry Form and we will call you back.

What are my legal rights if a Builder damaged my property whilst working?

Various laws protect homeowners against property damage caused by shoddy workmanship or careless actions.

By agreeing with the builder that they will undertake the work, you enter into a contract with them, regardless of whether or not it was put in writing. If your builder’s work is substandard and damages your property, they may be in breach of their contractual obligations and liable to pay damages for any financial losses you sustain as a result.

Your builder will also owe you a ‘duty of care’, which is a legal duty to take reasonable care to avoid causing injury or damage to your property. If your builder breaches that duty and damages your property, they may be liable for negligence and required to pay compensation.

What should I do if a Builder has damaged my property?

If a builder has damaged your property, the first thing you should do is approach them directly and ask that they put matters right. Most reputable tradespeople will acknowledge when things have gone wrong and be happy to either fix the problem or pay compensation.

If your discussions with the builder go nowhere, it is time to take legal advice. Experienced property disputes solicitors, like ours, will be adept at swiftly assessing the merits of your position and devising a strategy to resolve the matter with the minimum of disruption and cost.

To assist us in considering the matter and pursuing it on your behalf, it helps if you take the following steps:

• Take photographs of the damage.
• Retain copies of all correspondence passing between you and the builder, both relating to the project in general, and the property damage. Any in-person discussions should be followed up in writing, or a detailed note made shortly afterwards.
• Note down your recollections. Our memories can fade over time, so keeping a diary of the events surrounding the builder damaging your property can prove invaluable.
• Keep receipts. When we approach the builder on your behalf, we will seek repayment of any expenses you have incurred as a result of the property damage, such as the costs of getting a third party to repair it. We will require proof of those expenses, so you should collate and retain evidence such as receipts and quotes.

What are my options if a builder has damaged my property whilst working?

You have various options when a builder has damaged your property. They include the following:

• Negotiation

Many disputes with builders are resolved through negotiation between the parties’ legal advisors. Our building disputes solicitors are skilled negotiators, routinely settling our clients’ problems on highly favourable terms.

• Alternative dispute resolution (ADR).

Alternative dispute resolution (ADR) refers to any method of dispute resolution that is not litigation. Several ADR schemes have been developed specifically to address building disputes, including TrustMark and The Furniture and Home Improvement Ombudsman. These schemes process building complaints quickly and cheaply, but their powers are limited, meaning they are only suitable to specific types of disputes.

A popular form of ADR for building disputes is mediation. Mediation is an informal, non-binding process whereby an impartial third party, the mediator, uses their legal knowledge and industry experience to assist the parties in reaching a settlement. Mediation is quicker, cheaper and less stressful than Court proceedings, and can yield excellent results.

• Litigation

Litigation is always a last resort but, in some cases, it is unavoidable to achieve the results you desire. Even when proceedings are issued, though, many cases settle before trial. We will guide you through the litigation process, ensuring the action taken and costs incurred are proportionate to the issues in hand.

For a confidential free discussion, call us today on 01908 414990,  alternatively email us at Hello@altion-law.co.uk or complete our Free Enquiry Form and we will call you back.