Dealing with a large snagging list and an unresponsive builder can be incredibly frustrating, but there are steps you can take to address the situation effectively. Here’s some top tips on what you should do if you find yourself in this dilemma.
Review your contract
First of all, it is important to consider any express terms of the contract made between yourself and the builder. Look out for clauses relating to the expected standards of the work, timelines for completion, and any snagging clauses. Contractual documents are key to understanding your rights and the obligations of your builder and this can help you determine if the builder is in breach of contract. Of course, however, not all contracts are / need to be in writing, and this is discussed below.
Documentation evidence
Documentation evidence is also key in this situation, particularly when there are no written contracts between yourself and the builder(s). You can start by organising your snagging list and making sure it is detailed, with descriptions of each issue, including photographic and/or video evidence where possible. Date each entry and, if applicable, note any previous attempts by the Builder to address the issues. Correspondence such as WhatsApp, Facebook and SMS messages are also vital, as such correspondence may highlight any express terms of the contract between you and the builder. As such, documentation evidence is crucial as it may strengthen your case if you need to escalate the matter legally.
Send a formal reminder
If your initial attempts to contact the builder have failed, the next step is to send a formal letter or email. Make sure to clearly list the outstanding snagging issues and refer to any contractual obligations they are failing to meet. Give them a reasonable deadline (i.e., make time of the essence) to respond and complete the work, typically 7 to 14 days, making sure you keep a copy of all correspondence for your records.
Engage an independent expert witness building surveyor
If the builder continues to ignore you, consider instructing an independent expert witness building surveyor. These experts can provide an independent report (such as a Scotts Schedule) which outlines all the defects and incomplete work. This report can be a powerful tool in negotiations or legal proceedings, and it may also motivate the builder to act, knowing that a professional is involved. Please note however, such evidence can be expensive, and there is no guarantee it will assist your claim.
Seek legal advice
If your builder remains unresponsive, it may be time to consult a solicitor who specialises in construction disputes. They can advise you on your legal options, which may include mediation, arbitration, adjudication, rights of termination or even issuing proceedings against the builder. Often, the threat of legal action is enough to prompt a response.
Explore alternative dispute resolution (ADR)
Before going to court, explore ADR options like mediation or arbitration. These methods can be quicker and less expensive than litigation, and they offer a chance to reach a settlement without a lengthy legal process. There may be dispute resolution clauses within any written contract between you and the builder, so it is important to consider any dispute resolution process which could assist in resolving the dispute.
Consider a new contractor
In some cases, it might be more practical to hire another contractor to complete the work. However, prior to doing this, it is important to seek independent legal advice so as to ensure this action does not prejudice your position and allow a builder to argue that you unlawfully terminated the contract with them.
Inform regulatory bodies
If your builder is part of a trade association or is registered with a professional body, consider filing a complaint. Regulatory bodies can sometimes exert pressure on members to resolve disputes. By following these steps, you can navigate the challenges of a large snagging list and an unresponsive builder, moving closer to getting your issues resolved.
If you believe you require specialist legal assistance relating to a dispute between yourself and a builder, Stephensons' dispute resolution team can assist, call us on 0161 696 6178.
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