Construction Dispute Letter

Construction Dispute Letter: Create a Verified Letter

A verified construction dispute letter is a formal letter from a homeowner, contractor or subcontractor to the other party to a building contract. It sets out the problem, such as defective work, delays or unpaid invoices, explains how it breaches the contract, says what you want done and gives a deadline to respond. Robot Lawyer drafts the letter from your answers, for the law of the country or state you choose. On the Verified plan, a legal professional checks it before you send it.

CONTENTS

What Is a Construction Dispute Letter?

It is the written step you take when a building project goes wrong and informal conversations haven't worked. A clear letter puts the facts on record, shows that you have given the other side a fair chance to put things right, and is often the first thing a court, adjudicator or mediator will look at.

When Do You Need One?

• Defective or incomplete work
  Work that doesn't meet the contract, the specification or a reasonable standard.
• Delays
  The project has overrun without good reason.
• Unpaid invoices
  A contractor or subcontractor hasn't been paid what is due.
• Variations and extra costs
  A disagreement about extra work or charges.
• Abandoned projects
  The builder has stopped work or left the site.

Construction Disputes in Different Countries

Wherever you are, start with your contract: most building contracts set out how defects, delays and payment disputes should be raised and resolved. Consumer law usually also requires a trader's work to be done with reasonable care and skill. If you are prepared to take legal action, your letter is drafted as a formal letter of claim under the governing law you choose. A few examples:

• UK
  In England and Wales, the Pre-Action Protocol for Construction and Engineering Disputes asks for an acknowledgment within 14 days, a full response within 28 days and a pre-action meeting, and your letter proposes mediation through CEDR unless your contract names another body. Most business construction contracts also allow adjudication. Scotland has its own procedures.
• United States
  Your letter follows the contract's dispute resolution clause and, where relevant, state lien and prompt payment laws. Many states require a homeowner to give a builder written notice and a chance to repair defects before suing.
• Ireland
  Statutory adjudication is available for payment disputes under most construction contracts, with some exceptions for homeowners.
• Canada
  Several provinces, such as Ontario, have prompt payment and adjudication rules, and lien deadlines can be short.
• Australia
  Each state and territory has security of payment laws for rapid adjudication of payment claims, and most have a building disputes service for home building work.

These notes are general, so check your contract and any local time limits before you send your letter.

What's Included in Your Letter?

• The parties and the project
  Who you are, the other party, the property and the contract.
• What happened
  The issues, in date order, from your answers.
• The breaches
  How each issue breaches the contract.
• Evidence
  The documents and photos you hold, listed as enclosures.
• What you want
  Repairs, completion, payment or another remedy, exactly as you describe.
• The deadline and next steps
  A date for a response, and mediation or legal action if the matter isn't resolved.

How It Works on Robot Lawyer

1. Answer the questions
   Tell us about the project, the contract, what went wrong and what you want.
2. Generate your letter
   We draft a firm, professional letter that follows the right pre-action approach.
3. Get it verified
   On the Verified plan, a qualified legal professional checks the letter within 24 hours and makes amendments where needed. See how our documents are verified.
4. Send it and keep proof
   Send it by a method you can prove, keep a copy and diary the deadline.

Construction Dispute Letter FAQs

Should I stop paying my builder?

Withholding payment can put you in breach of contract if the sums are due. Set out your concerns in writing first and follow the payment terms of your contract.

How long should I give the other side to respond?

Give a reasonable period to investigate and reply, often 14 to 28 days, and check whether your contract sets its own timetable. Some rules set specific periods, such as the construction protocol in England and Wales, and your letter uses the deadline that fits the governing law.

What is adjudication?

A fast way to resolve construction disputes, where an independent adjudicator decides the dispute within a short timetable. It is available by law for many business construction contracts in countries such as the UK, Ireland and Australia, sometimes only for payment disputes, but not usually for homeowners' contracts for work on their own home.

Can I use mediation for a construction dispute?

Yes. Mediation is often quicker and cheaper than court. Your letter proposes it where appropriate.

Create a Verified Construction Dispute Letter

Put your building dispute on record and push for a resolution. Related documents: Construction Contract, Breach of Contract Letter, Letter Before Legal Action and Demand Letter.