Legal Corner
by Owen Hill, Consultant Solicitor of Hooper & Wollen Solicitors
BUILDING WORK ESTIMATES - WHEN THINGS GO OUT THE WINDOW
I had a rough idea for the cost of fixing a rotten windowsill and the price quoted for the work seemed reasonable. But like so many other projects involving the renovation of old buildings, the budget soon went out of the window.
As soon as the work was underway, it was
obvious that the rot was more serious than expected and instead of a quick repair, the challenge was to see what could be saved from the existing fabric and structure. The story has a happy ending. The work was carried out with skill and the finish was great so it was worth shelling out more than twice the budget.
The nature of most minor building work is such
that the customer cannot expect the contractor to do much more than make a sensible guestimate and then hope that there are no unforeseen problems that create additional work and cost. When projects have a budget in thousands rather than hundreds then most customers and contractors will want to have some sort of short form agreement in writing. There is a printed standard contract produced for most types of building projects by the Joint Contracts Tribunal (JCT). They provide a basic legal framework to regulate all the most likely
relationship issues that might arise between the Employer and the Contractor. There are separate contracts to deal with different situations depending on whether the architect or the engineer will be directly responsible to the customer for the design of the works. When the scale of the project is such that it will
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increase the value of your home or your business premises, you can expect any subsequent buyer of the building to ask for the transfer of warranties and guarantees in respect of the design and construction of the works. The JCT Contracts deal with this and require the Contractor to issue warranties to buyers of the building for twelve years from the date that the works were carried out. Better make sure that you choose a reputable builder that is likely to be around for long enough to comply with the obligation. The standard JCT Contracts are tried and tested for both major and minor building projects and can save the parties from having all sorts of silly disputes regarding delays, the cost of extra unforeseen works and variations. What the written contract terms cannot save you from is the practical failure to properly specify the nature and extent of the works that you think are included in the price that you have agreed. Get proper independent expert advice on the Specification and make sure that you know whether the quality of the finishes and fittings are going to be bargain basement or bling.
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