Here is a simple guide on what to do if you have a complaint to your builder . Contact us for more information
The Process Complaining for Building Work
Building disputes are expensive, time-consuming and exhausting for both parties. We help you settle through Building mediation . We can handle the following issues:
What is Mediation?
Mediation is a private, interactive and structured process wherein an impartial third party helps the parties involved resolve conflict using exceptional negotiation and communication techniques.
This process is focused on the rights, needs, and interests of both parties.
They are encouraged to participate in the sessions actively. The mediator uses different techniques to guide the sessions in a constructive direction that will help both parties find the optimal solution.
Mediation is a type of Alternative Dispute Resolution (ADR) , a manner of settling disputes between two or more parties with real results. The mediator helps the parties settle.
Mediation has a timetable, structure, and dynamics that standard or negotiations don’t have. Participation is voluntary, and the process is private and required by law. The mediator facilitates the entire process.
In litigation, a judge will make the final decision. In mediation, the parties and the mediator control the entire mediation process. They decide when and where the mediation occurs, who will attend and how the mediator will interact with both parties and how the mediation is going to be paid.
The mediator facilitates open communication and oversees the interaction between the parties. They evaluate relevant norms and issues without expressing any opinion, making the decision for any of the parties or providing prescriptive advice.
Why You Should Consider M4B for Construction and Building Disputes
Mediation offers many advantages over litigation. One of these is the fact that mediation is cheaper than litigation because the process is often completed within 1 or 2 days — most of the mediators who specialize in engineering and construction charge by the hour.
Since mediation sessions for construction and buildings are done within a period, you won’t have to spend a long time away from your business.
Aside from this, preparation for mediation is easier and simpler than what’s required for litigation preparation. Lawyers are not necessary, but they may participate in the mediation session when the parties request.
Mediation is usually conducted at the residence that’s involved instead of visiting a job site and holding a separate arbitration hearing at a neutral location or litigation performed at a jurisdiction court.
Mediators are well-versed and experience in various kinds of disputes. The mediation is faster than litigation. Cases of engineering and construction litigation usually last several months or even years.
Mediation, on the other hand, allows both parties to continue working together to complete the construction project and arrive at an agreement that’s favorable for them.
In litigation, a judge usually makes the verdict or decision. It might also ruin the relationship between the parties. Mediation allows both parties to express their opinions and concerns. In litigation, their lawyers represent them except when they’re taking the stand, and the opposing lawyer wishes to cross-examine the party.
Mediation is a private process. It’s not subject to public knowledge and media attention. Mediation is informal. If some issues have been settled or there has been an agreement written, and a full settlement has occurred, the deal is legally binding.
No appeals process will occur. In litigation, you will find different levels of appeals in an ongoing judicial process.
Mediation doesn’t involve any jury, reducing the risk of large unwarranted awards.
The mediator is a seasoned professional and has a deep understanding of the construction industry, so any emotional or superficial arguments can’t influence them. Discovery is also limited in mediation. The lawyers of the parties rarely pursue matters, which happens in litigations.
Pre-Action Protocol (PAP)
The Pre-Action Protocol (PAP) for building and construction disputes could help you reach an agreement without bringing matters to court. The PAP sets certain standards that both parties should observe before court proceedings are issued. The protocol aims to encourage the parties to exchange information early. It also seeks to use a suitable type of ADR instead of litigation, which can be costly and stressful.
The plaintiff allows the defendant to understand the nature of the claim and then make a decision on how to respond at an early phase. The PAP aims to make sure that both parties explore all alternative means to litigation and that they exert effort to resolve their differences without turning to formal legal proceedings.
The Pre-Action Protocol applies to every engineering and construction dispute such as negligence claims against architects, builders, quantity surveyors, and engineers. The plaintiff is not required to follow the protocol in the following circumstances:
1) Send a Letter of Claim
2) Acknowledgment of the Defendant
The defendant should acknowledge receiving the letter of claim in writing. They should do this within 14 days of receiving the letter. The defendant can give their insurer’s name and address to the plaintiff. If the defendant doesn’t acknowledge receiving the letter of claim, the plaintiff can court proceedings without adhering to the PAP. The defendant could ask for an extension to the standard timeframe that’s indicated to send an acknowledgment, but you should think carefully before agreeing to their request.
3) Defendant’s Response
The defendant should decide on what kind of response they’re going to issue.
4) Raising an Objection to the Named Defendant or Jurisdiction of Court
The defendant is given 28 calendar days to make an objection based on three grounds – the court doesn’t have jurisdiction, the named defendant is the wrong one, and the issue is to be referred to mediation. They should state their objection in writing and indicate the part of the claim where their opposition relates. Their letter must name the correct defendant as well. The response letter of the defendant is not required if he objects.
5) Pre-Action Meeting
Litigation should be considered as the last option. The pre-action meeting is the last chance to reach an agreement before court proceedings start. It’s the step that follows after exchanging the letter of claim and response. The pre-action meeting gives both parties a chance to talk about their complaints before starting any form of legal action. It’s done with hopes of settling matters in private.
The pre-action meeting should be done no more than 28 days after the plaintiff receives the response letter of the defendant. In case the defendant sends a counterclaim, the plaintiff is required to answer this within 14 calendar days and provide a substantive response within 28 days.
If you have received a well-considered response, you should proceed with the pre-action meeting. If you get an unsatisfactory or evasive response, you can take legal action. At this point, it is best that you seek legal advice from a lawyer or legal practitioner.
What’s the Purpose of the Pre-Action Meeting?
The pre-action meeting serves as the initial step to guarantee that legal action can end fast or be even avoided completely. The purpose of the pre-action meeting is to allow both parties to discuss the issue and determine its root as well as find a solution that doesn’t involve any form of legal action.
If they’re not able to achieve that goal, the pre-action meeting can serve as a platform for both parties to talk about litigation details that might happen for it to be conducted smoothly and accurately. They may need to attend two or more pre-action meetings if the first one is failed. Both parties should also consider whether ADR is a better option.