Building Disputes - What To Do If You Fall Out With Your Builder?

If a builder has disappeared after leaving the work unfinished it is particularly difficult to have everything back to how it was before the builder arrived. This will completely depend on whether the contract that was entered into with the builder was severable or not which can be dependent on what exactly is being done and how it was going to be paid. Once the final product has been completed, is it stated in the contract that you do not have to pay for the work, or that you are not going to give the builder the opportunity to make the work good? If it is, this is highly unreasonable and if you decide to claim for a breach of contract because of the lack of reasonable care and skill by the builder, it must be made clear that you do not want the finished product. However, if you then go on to accept the finished product by paying for it in full or a portion of the price that was agreed in the written contract then it is much more difficult to claim breach of contract.

If there is work that has been done which is only taking place in periodical phases by a builder, which also involves specific instalments of payment, if after a couple instalments it is clear that the work that is being carried out so not to the standard that should be reasonably expected, you can sever your contract with the builder and ask them not to return to the job. The next step would then be to seek damages for the monies paid and any extra costs resulting from the consequential losses that have incurred through the negligent and substandard work.

If the builder goes on to redo or undo the substandard work, then the best response from the claimant would be to agree to this as long as it is done within a reasonable time frame. But as with many claimants to a building dispute, you may have lost your faith and trust in the builder and do not want them to continue with the work. If this is the case you should make sure that you have proof to back up the grounds you would be relying on to show that you have lost your faith and trust in the builder(s).

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