Common issues in cases Andrew has worked on include significant defects relating to:

  • Foundations;

  • Brickwork and blockwork;

  • Carpentry and joinery;

  • Insulation (cold houses);

  • Flooring (steps and humps);

  • Poor settling out: e.g. houses not square, windows not centered etc;

  • Plumbing and electrical;

  • Roofs;

  • Exterior works e.g. rubble soil, drainage, levels of drives, etc.

  • Planning permission

Understanding and Building a Case

Andrew has advised and conducted litigation (including advocacy) in many cases in this specialist area and he has sound relationships with trusted experts who have experience of acting in defective new dwelling cases.

After reading your case papers, Andrew will (e.g.) advise you on the merits of your case and draft a former letter of claim on your behalf.

Letter of Claim

This is the stage immediately before formal court proceedings commence. It is a legal technical letter that Andrew will draft on your behalf which sets out various matters required by Court protocols.

Letter of Response

A Letter of Response must be provided by the Defendant(s) (.e.g. the builder) and on time. If they fail to do so, court-based proceedings can be commenced without further ado.

If a Letter of Response is provided but the parties cannot settle their differences, court proceedings will need be issued and in due time to prevent your claim becoming ‘old and stayed’.

Dispute Resolution

A Dispute Resolution (typically mediated) process is encouraged even at pre-court stage. Sanctions (financial) may be imposed on either party if there is a refusal to engage in the process. At this stage you are about to enter the ‘litigation tunnel’ when formal proceedings are issued. The only options now are for the dispute to be settled though Dispute Resolution or a Court decides the issues in the case.