Why should you engage a construction solicitor before your next residential build?

When planning a residential build or renovation, most homeowners focus on the creative aspects: design choices, finishes, and materials. However, overlooking the legal side of your project can result in costly delays and disputes. Instructing a construction solicitor at the outset is a crucial step in protecting your investment and ensuring your project runs smoothly from concept to practical completion.

Here are some things to think about before starting your project:

Are your contracts protecting you?

Standard construction contracts, such as the JCT suite of contracts, provide a framework for engaging with your contractor. However, these contracts often favour the contractor by default and may leave you exposed to unnecessary risk. We always recommend amending these contracts to safeguard your interests; clarify roles, responsibilities and timelines; extend enforceability periods should issues arise in the future; avoid any ambiguity and reduce the risk of disputes.

Do you have clear agreements with your contractors and consultants?

Most residential builds and renovations require the input of various professionals, including architects, structural engineers, interior designers, project managers and planning consultants. It is vital that each party is engaged under a clear and commercially sensible appointment.  Consultants may ask you to sign their standard terms and conditions, but these often heavily favour the consultant. Wherever possible, we recommend engaging consultants through a bespoke appointment to ensure a clear scope of work, proper allocation of risk and fair and balanced terms and conditions. This will help ensure accountability and alignment throughout the project.

Have you secured all necessary permissions and consents?

Whether you’re renovating a listed property, working on a higher-risk building, or undertaking major construction works, full legal and regulatory compliance is essential. It is important to identify and engage the appropriate consultants early to ensure your build is legally compliant.

Are you prepared if disputes arise?

Even the best planned projects can face challenges. Disputes over costs, delays, workmanship, or payment are common across the construction industry. It may be necessary to consider Alternative Dispute Resolution (ADR) to help resolve issues quickly and cost-effectively to minimise disruption to your project and to protect your position.

These are the sort of issues that can determine whether your project succeeds or fails.

Our Construction team offers bespoke legal advice designed to protect your position at every stage. Early legal involvement can save time, reduce stress and prevent costly mistakes or disputes.

If you are about to embark on a residential project, or need help with an existing project, please contact a member of our Construction team and take a look at our Building & Renovation Lawyers page.