Our New Build Defects and Dispute Fixed Fee Offer
For £250 plus VAT we will assess your new build dispute, review the available evidence, make recommendations on action you can take and advise you on the legal options open to you to remedy your new build issues. Send details of your case to us by email at [email protected] and we will get straight back to you with further details.
The rise in new build defects and disputes
New build disputes are becoming increasingly common. We regularly receive calls from buyers who feel aggrieved when builders fail to deliver on their promises. Buying a new build property should be an exciting moment in your life, but for many it has turned into a nightmare of frustration, disappointment and worry.
It seems that once a builder has taken your money the company loses interest. Concerns about defects and snags go ignored as the builder concentrates on its next development, leaving buyers without adequate redress.
Many people suffer in silence. Others attempt to make sense of the confusing landscape of consumer codes and warranties, but remain unable to force the builder to address their concerns.
the problem of new build defects and disputes has been recognised is Parliament, with MPs calling for government to set up a special independent ombudsman service to deal with it.
This follows high profile publicity about the quality of homes being built by major developers such as Bovis. And in a recent survey of new home buyers an astonishing 98% reported experiencing defects or snags.
Ineffective consumer codes
There are consumer codes in place, but these are inadequate. The All Party Parliamentary Group was critical of the various codes and the lack of obligations placed on home builders. This is, they say, a reflection of the imbalance of power between builders and consumers. The consumer codes seem to have been formulated so as to restrict, limit and contain complaints. The language used in the codes is according to one observer, ‘the language of exclusion’.
Consumer codes and complaints processes are particularly unsuitable for defects that might be termed ‘snags’. This has resulted in a significant gap in consumer redress, with the average award in 2016 being less than £1,000.
Can frustrated new build buyers take legal action?
Legal claims tend to focus on recovering financial compensation. However, in our experience most people involved in a new build dispute are not looking for compensation; they simply want the defects to be put right by the developer.
Even in cases where a financial remedy is being pursued, the value of the claim needs to be carefully considered. If the financial value of the case is less than £10,000 then even if the case is won, there is no entitlement to recover legal costs. This is because disputes with a value of under £10,000 are referred to the so called ‘small claims court’ which does not allow legal costs to be recovered.
This is not to say that expert legal advice is not worth taking, but very few home owners appoint solicitors to deal with a case from start to finish where losses are less than £10,000.
Fixed Fee Offer
We have developed a fixed fee offer for new build defects and disputes cases.
This fixed fee offer applies to all new build disputes, including those which fall within the jurisdiction of the small claims court.
For a fixed fee of £250 plus VAT we will:
- assess the building defects;
- review the available evidence, including key documents such as the contract, any applicable code of practice, warranties and any expert report;
- advise you on your legal position and the legal options open to you to remedy the problems you are facing; and
- make recommendations on other action you can take.
Contact us if you wish to proceed
If you wish to take advantage of our new build defects and disputes fixed fee offer then email us at [email protected]