Emyr Pierce

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How should I handle a dispute about unfinished building work?

We are in dispute with our builder over unfinished work.  He has sent a final invoice and is now threatening legal action against us.  What should we do?

If you are unhappy with the quality of work carried out by your builder or there are a number of items that need re-doing or are unsatisfactory, then you should obtain the report of a Building Surveyor, who will identify the extent and potential cost of remedial works required to be carried out.

His report may be supported by photographic evidence which can be presented to the builder, or the builder’s legal advisers, with a claim for the total cost of the remedial works identified.

Should your builder instigate proceedings against you for the amount claimed then you will be well positioned to counterclaim or defend the action as you will have already obtained the necessary photographic evidence of the standard of workmanship, an expert’s opinion on the quality of the work carried out and an estimate of the cost of any such remedial work required.

This will enable you to file a counterclaim, or provide the basis on which a settlement can be agreed.

* Emyr Pierce is Managing Director of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Home is now subsiding – despite a full survey

I have just discovered that the house I bought three years ago has subsidence. We had a full survey carried out before we bought and this was not spotted. I am insured but will have to pay a hefty excess for the repairs. Can I make a claim against anyone for this oversight?

You need to obtain an independent report from a Building Surveyor or Structural Engineer to establish whether or not the problem existed at the time you bought.

A building surveyor will advise as to whether or not your surveyor should have identified any tell-tale signs that should have been picked up in an ordinary Homebuyers or Structural Survey. If the Report is favourable, then you may have a claim against your surveyor for professional negligence.

You should seek the advice of a solicitor specialising in professional negligence who will advise you as to the procedures, the prospects of success and the evidence required to pursue a successful claim. You should also continue to investigate the possibility of the problem being covered by your Building’s Insurance Policy as this may be an easier and more direct way of recovering the cost of the remedial works.

In the event of a successful insurance claim, you may still have the right to claim any uninsured losses direct from your surveyor, such as any excess.