Building projects get their oxygen from the optimism and hopefulness of homeowners. Rarely does a homeowner select a builder, who is gruff, unsocial, and rude – even though these traits do not mean a person is a bad builder. Instead, the homeowner selects a builder, who jives with his or her personality and understands his or her vision, providing oxygen for exciting home improvement plans. It is not surprising that in this heady atmosphere a homeowner does not take the time to draw up a clear contract with a solicitor or building expert to prepare for all of the eventualities of what could go wrong. “That won’t happen to me,” one thinks, “for I am an astute judge of character. I can manage a £250,000 contract in an industry in which I have no experience, because I have worldly experience and people knowledge.”
It is not the place of Build Rescue to lecture on the importance of beginning works with a good building contract to deal with the complications and disagreements that will inevitably arise, because, as mid-build surveyors who address these complications and disagreements, that would be cruel.
With contracts that are based on several emails of correspondence or verbal discussions, there are a number of challenging questions that have to be addressed and reconstrued. They include such important topics like: Is there an agreed working program and is there any liability for works that are delayed and under which conditions? On the basis of the correspondence over emails, texts and WhatsApp messages, how much of the works can be classified as new works that were not part of the original agreement and how should the prices of these works be determined? What are the exact payment terms: when are payments due, can this be changed, and how can payments be made? What are the types of materials that are meant to be used and how much variation in material quantity and quantity is reasonable? At what point can either the homeowner or the builder walk away from a project and declare that the other side has not kept its side of the agreement? In the absence of a clear contract, even in the middle of the build, whether there are open disputes or whether the parties are still on good terms, it is crucial to grab the reins of the contractual situation to ensure the best possible results. With so much money at stake, disagreements between homeowners and builders are the norm and not the exception to the rule.