What to do if your Builder is taking too long or significantly overrunning

Most homeowners embarking on a home improvement project do not expect the work to be completed overnight. Whilst some projects can take many months to reach fruition, they are usually finished within a reasonable timeframe and to a satisfactory standard. Sometimes, however, your builder may appear to be dragging their heels and taking an excessive time to get the job done. Our expert building dispute solicitors specialise in assisting homeowners facing issues with builders and other tradespeople, including delays. We will consider your position and explain in clear English what to do if your builder is taking too long (UK).

How do you know if your Builder is taking too long?

Clearly, to know if your builder is taking too long, you need to ascertain when they should have finished the work by. If you have a written agreement with your builder, you should check the contract for any terms that state when a project, or particular stage of a project, should be completed. If no dates are stated, the agreement may nevertheless detail a timescale that the builder should adhere to, so you should be able to work out if your builder is taking too long.

Your agreement with your builder does not need to be in writing to constitute a legally binding contract. If you are paying your builder to undertake work on your home, you have a contract with them. Clearly, the terms of your agreement will likely be more difficult to ascertain, but our building disputes solicitors will assist you with this and fill in the gaps where necessary.

If you have not agreed on dates or a timescale with your builder, an act of Parliament called the Consumer Rights Act 2015 steps in to provide that they must complete the work within a ‘reasonable’ time frame. This will be an ‘implied term’ of the contract, meaning it applies despite not being expressly agreed between the parties. What will constitute a ‘reasonable’ time frame depends on the circumstances. Matters that may be taken into account include the nature and extent of the work the builder has agreed to undertake and whether there are any mitigating factors, such as the builder facing a personal emergency.

 

Where clients are looking for one off initial guidance to understand what steps to take  in relation to a dispute we usually recommend a fixed fee consultation in the first instance. 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.

 

 

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.

 

My Builder is taking too long – What are my rights?

If your agreement specifies dates or timescales and your builder fails to meet them, they may be in breach of contract. You may then be able to claim any losses the builder’s delays have caused or, if damages are not an adequate remedy in the circumstances, ask the Court to order the builder to complete the job. If the builder’s breach is particularly serious, you may be entitled to terminate the contract. However, you should never terminate without taking legal advice. If the builder’s breach does not entitle you to terminate the contract, doing so will constitute a breach of contract on your part, the ramifications of which may include the builder accepting your breach, terminating the contract and claiming damages from you.

As we have explained, if your contract is silent with regard to dates or timescales, the Consumer Rights Act 2015 implies a term into the contract that your builder must complete the job within a ‘reasonable’ time. If they don’t, you may be entitled to the contractual remedies mentioned above, including damages for any losses you have sustained. However, the provisions of the Act entitle you to a price reduction instead of or, in some cases, as well as those contractual remedies. In certain circumstances, such as if you have derived no benefit from the work or the builder simply cannot complete the job within a reasonable time, this could mean a full refund.

My Builder is taking a long time – What should I do?

If your agreement with your builder states a date for completion, which has passed, you should, wherever possible, give the builder a further and final deadline by which to finish the job. You should put this final deadline in writing so you can refer to it if they fail to meet the extended deadline and you need to take further action.

If your agreement with your builder does not state a date or timescale for completion, you should first stipulate a deadline. Your deadline should be reasonable in the context of the job and should be notified to your builder in writing.

If, notwithstanding your having extended or stipulated the deadline, your builder still misses it, you may need to take action for breach of contract. To support any claim or justify your termination, you must collate and retain any relevant documentation. That documentation may include correspondence between you and the builder, notes of your conversations and details of any payments you have already made. Our building dispute solicitors will advise on the types of documentation that may support your position and assist you in gathering it.

How we can help you decide what to do if your Builder is taking a long time (UK)

Our building dispute solicitors have vast experience assisting homeowners who have a builder taking a long time to complete the job. Our advice is concise, practical, and designed to achieve the best possible outcome in the quickest and most cost-effective way possible. Sometimes, this involves litigation, but often, building disputes can be effectively resolved through negotiation or alternative dispute resolution methods such as mediation. We will explain all available options and help you decide the most appropriate for your case. We will guide you through the processes involved in your chosen route, using our extensive experience to secure the swift completion of your project and recovery of any losses.

 

Where clients are looking for one off initial guidance to understand what steps to take  in relation to a dispute we usually recommend a fixed fee consultation in the first instance. 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.

 

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.