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Introduction
Andrew is a homeowner who has recently hired ARU Builders Limited to construct a balcony on his house. However, the builders have made an error and built the balcony on the wrong side of the house. As a result, Andrew's property value has decreased significantly, and he is disappointed with the outcome. This report aims to advise Andrew on his legal rights and options for seeking compensation from ARU Builders Limited.
Legal Rights
As a homeowner, Andrew has certain legal rights that protect him from construction defects caused by contractors or builders. The most significant of these rights are:
1) The right to receive workmanship that meets industry standards: According to UK law, contractors must provide workmanship that meets industry standards and is fit for purpose. If they fail to do so, homeowners can seek compensation for damages caused by substandard work.
2) The right to receive services with reasonable care and skill: Contractors must provide services with reasonable care and skill under UK law. If they fail to do so, homeowners can seek compensation for any resulting damages.
3) The right to expect completion within agreed timelines: Contractors must complete projects within agreed timelines unless there are unforeseen circumstances beyond their control that prevent them from doing so.
4) The right to claim against defective works up until six years after completion: Under UK law, homeowners have up until six years after completion of building works in which they can make claims against defective works carried out by contractors or builders.
Based on these legal rights outlined above; it appears as though Andrew may be entitled to some form of compensation due to ARU Builders Limited's mistake in constructing his balcony on the wrong side of his house.
Options Available
There are several options available for Andrew if he wishes to pursue compensation from ARU Builders Limited:
1) Negotiation - One option available would be negotiating directly with ARU Builders Limited regarding their mistake in constructing Andrews' balcony incorrectly. This could involve Andrew seeking a partial refund or compensation for the decrease in his property value.
2) Mediation - Another option would be to engage in mediation with ARU Builders Limited. This involves an independent third party mediator who helps both parties reach a mutually acceptable agreement. Mediation can often be less costly and time-consuming than going through the courts.
3) Legal Action - If negotiation and mediation fail, Andrew could take legal action against ARU Builders Limited. This would involve filing a claim with the court, which can be costly and time-consuming. However, if successful, it could result in significant compensation for Andrew.
4) Alternative Dispute Resolution (ADR) - ADR is another option available to Andrew if he wishes to avoid going through the courts. ADR involves using an independent third party to resolve disputes between two parties without having to go through formal legal proceedings.
Advice
Based on the options available; it is recommended that Andrew first attempts negotiation with ARU Builders Limited regarding their mistake in constructing his balcony incorrectly before pursuing any other options such as mediation or legal action.
Negotiation may result in a quicker resolution of Andrews' issue without having to incur additional costs associated with litigation or arbitration processes. It also allows both parties involved more control over how they wish their dispute resolved rather than leaving it up entirely up to an arbitrator or judge's decision-making process.
If negotiations fail; then alternative dispute resolution methods such as mediation should be considered before taking any further steps towards litigation as this will save time and money while still providing some form of resolution for all parties involved.
Conclusion
In conclusion, homeowners have certain legal rights that protect them from construction defects caused by contractors or builders under UK law. These rights include receiving workmanship that meets industry standards, services provided with reasonable care and skill completion within agreed timelines, and claiming against defective works up until six years after completion of building works carried out by contractors/builders.
Andrew has several options available to him if he wishes to pursue compensation from ARU Builders Limited due to their mistake in constructing his balcony incorrectly. These include negotiation, mediation, legal action and alternative dispute resolution methods such as arbitration or mediation.
It is recommended that Andrew first attempts negotiation with ARU Builders Limited before pursuing any other options such as mediation or legal action. If negotiations fail; then alternative dispute resolution methods should be considered before taking any further steps towards litigation as this will save time and money while still providing some form of resolution for all parties involved.
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