Do you feel the wrong or inferior materials have
been used on your job?
Have you used what you believe is the right materials
and the customer has changed their mind?
One of the most common areas of dispute between Builders and Homeowners relates to the type, specification and quality of the materials used by the Builder in the construction project on which he has been instructed.
The law covering this area is fairly clear and was recently enhanced by the Consumer Rights Act of 2015. The position is essentially that materials provided by the Builder for use in the project should be of satisfactory quality, be fit for their purpose, and should match their description.
Trying to interpret what these terms mean can be a rich area of dispute in itself. Let’s look at a few scenarios that could arise:
– Householder chooses a cooker/Hob to be built into a new kitchen. It’s not only that the cooker must work properly, it must also be the specific make and model chosen by the Householder and have all the features promised. Here clearly the law states the cooker must match its description.
– If the Builder installs a faulty pipe in the kitchen or bathroom that leaks water, the allegation would be that the pipe is not of satisfactory quality.
– If the material is used on a door or roof that is not waterproof and lets in water, the allegation would be that the material is not fit for its purpose.
These sort of issues can arise in any building project, large or small and can soon turn into a serious problem. The stressed Homeowner dreaming of his new kitchen doesn’t get what he thinks he’s ordered.
And the Builder gets a disgruntled customer, possible damage to their reputation and a hit to his cash-flow, if the customer is withholding payment – disaster all around.
So what can be done to avoid this?
The good news for both sides is that increasingly Mediation4Builders Kent is being used to solve these type of problems, rather than court proceedings, which are fraught with risk and can be hugely expensive and stressful.
The real beauty of Mediation for both Homeowner and Builder is that it attempts to lower the temperature between the parties. And reopen closed lines of communication so they can engage again on a reasonable basis. And reach a sensible, fair and measured agreement at a fraction of the cost of court proceedings.
Again, the new Consumer Rights Act helps because it imposes a requirement that Alternative Dispute Resolution Kent (ADR), which covers Mediation, should be explored before court proceedings.
The process of Mediation is straightforward; a Mediator, who will usually be an expert in the field and accredited to a professional mediation association, is chosen and the parties agree on how any costs will be shared or paid, and then they are essentially ready to go.
Other advantages are that the process is confidential so anything said cannot later be used in any subsequent court proceedings if mediation fails. And this again encourages people to speak freely and facilitates early settlement.
The success rate for Mediation is high, so both Builder and Homeowners need have no fears when embarking on a new project. That any dispute will get out of hand because mediation is there to smooth out and resolve any such problems.
Material Disputes Kent
When a dispute arises in the field of material disputes, it is always important to consult the best legal experts. There are many types of material disputes, and some are quite easy to win; however, there are also some types of disputes which are difficult to win.
One such type of dispute is the dispute over damages. Whether a material damage was caused due to negligence on the part of another person, or whether a person has actually deliberately caused that type of damage, the parties involved in that dispute must be able to show the harm was indeed “material.”
Material damage can also be a result of the use of something in a way that can cause injury. For example, if someone were to burn something with the intention of ruining the item, but instead they accidentally burned the item and damaged the item in the process, then this would probably count as damage caused by that person’s negligence. It might be difficult to prove, but it is possible for a person to have damage done to their property because of their own negligence.
Another type of material disputes that can occur are those concerning the theft of property. If someone breaks into another person’s home, or breaks into a building where an item such as a boat is located, then it could be considered that person’s negligence for leaving the door open, or not locking the door after leaving it. If the property owner is found negligent, then the person that is responsible will usually be held liable for any damages caused as a result of their actions.
Another type of property damage can be that of water damage. This is often due to a broken pipe or leak in the water system, but if water is spilled, or if someone decides to swim in a pool after it has been damaged by water, then this could possibly be considered a form of material damage.
Material disputes are a serious matter and should not be taken lightly. The best way to win such a matter is to consult a qualified lawyer.
It may even be a good idea to seek advice from a legal expert. However, one thing that anyone who has been involved in a dispute over material damage needs to remember is that it is important to retain as much advice as possible when dealing with a situation that involves the court.
People who wish to hire a lawyer may want to do so before any potential material damage claims are made. They can then seek advice from the lawyers and be better prepared to make the best case for their situation.
Even though material disputes are often considered frivolous and unfair, they can be very damaging to a person’s ability to make a living. Therefore, it is very important that one always be prepared and ready to go to court if a case of material damage occurs. It is important that people take care when engaging the services of a lawyer and get everything out of the way before going to court.