Banner Image

Legal News

Work Done on Your Home? Contractual Clarity is Key!

Building work on private homes is very often carried out on an informal basis without clear contractual terms in place. However, one High Court case vividly shows that such an approach can create uncertainty and fertile ground for costly dispute. Such difficulties are best avoided by entering into a formal contract for any substantial amount of work to be done.

A couple instructed a building firm to carry out various renovation and improvement works on their home. A disagreement arose as to the sums due to the firm and it placed the matter before an adjudicator. He directed the couple to pay more than £70,000 to the firm, which launched proceedings to enforce his award.

The firm argued that the agreement incorporated standard terms, commonly used in minor works contracts, and that they included an adjudication clause. However, the couple submitted that there was nothing in the contract to confer jurisdiction (the legal authority to decide the issue) on the adjudicator. Although the possibility of including the standard terms had been discussed, no final accord on the issue had been reached.

In refusing to grant the firm summary judgment on its claim, the Court found that the evidence as to whether an adjudication clause was included in the agreement was equivocal and that the issue required a full hearing. Given the relatively low value of the claim, and both sides' agreement that there was an outstanding balance due to the firm, the Court urged the parties to sit down and settle the dispute.

For more information or to speak to one of our experts, please call us on 01606 48777

Get in touch

  • "Extremely fair, understanding, caring and knowledgeable in all aspects of family law."

    Mr P
  • "Amazing attitude and caring towards its customers in life's most stressful situations."

    Anonymous
  • "Highly recommend the conveyancing services. Extremely satisfied with the overall level of service provided - kept me informed at every stage, providing good information and advice."

    Heather Woolley
  • "Excellent efficient will-writing service from very friendly staff. Everything explained to us so that we understood it. Fantastic!"

    Jane Imisson
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.