Ask the Expert: Paul Donnelly

By Glossy Magazine

Ask the Expert: Paul Donnelly

Ask the Expert: Paul Donnelly

Ask the Expert: Paul Donnelly

Specialist in construction and engineering law, Paul has extensive experience working on projects all over the country. Paul has been based in the North West for almost 25 years and prior to that he spent nearly a decade at a major London law firm. Paul acts on behalf of both public and private sector employers, contractors, subcontractors, consultants and suppliers in all forms of dispute resolution on contentious matters, including adjudication, litigation, arbitration, expert determination and mediation, as well as non-contentious construction.

Are you building or extending your home? Paul shares some tips…

Do I need a building contract?

In short, yes. A building contract confirms and clarifies each party’s responsibilities. If properly drafted, it gives protection to both parties. For you, it confirms what the contractor is going to do and by when. It also outlines the quality standards that the contractor should meet. For the contractor, it tells him when he will be paid and how much. A reputable contractor should have nothing to fear in entering into a formal building contract.  

Remember, you are a consumer

The consumer legislation gives certain protections to consumers. Statements made before the contract may have contractual status if they have influenced you. You may demand repeat performance of services for failure to carry out works with reasonable skill and care. You may be entitled to a price reduction for failure to carry out works in a reasonable time. The contractor may not limit liability to an amount less than the contract price. “Unfair” terms are unenforceable against you. 

Prevention is better than cure

Construction is notoriously contentious and, even with the best contract in place, disputes arise.  Try to avoid them. Never pay in advance for works; keep the contractor interested. Protect yourself by keeping proper records and communicating them. This may serve to nip issues in the bud – prevention is better than cure. Remember three words: evidence, evidence, evidence. If there is a dispute, your home insurance policy may provide legal cover for contract disputes. Check it.     

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