A construction or fit-out project can turn into a dispute because of late delivery, non-conformity with the agreed specifications, defects appearing in the work, or a contractor's claim for additional sums. Protecting the client's rights begins with a clear contract, documentation of each stage of execution, and taking the appropriate legal action when a breach occurs.
Performance in accordance with the contract and specifications
The contractor is obliged to complete the works in accordance with the agreed terms, specifications and timeframe. Where certain details are not specified, the contractor remains bound by the technical standards generally recognised in the trade and by the reasonable period the nature of the work requires. For that reason, the approved drawings, bills of quantities, material samples and contract annexes form an essential part of proving the scope of the contractor's obligations.
The client's rights in the event of delay or defective performance
Where defective or non-conforming work appears, the contractor can be required to correct it within a reasonable period. If the contractor does not respond, it may be possible to claim termination of the contract, or to have the remaining work completed and the defects corrected by another contractor at the original contractor's expense, once the condition of the works has been established and the legal conditions are met. The client may also be entitled to compensation for proven damage for which the contractor is responsible, depending on the circumstances of the dispute and the applicable law.
Documenting the breaches preserves the client's rights
Before removing defective work or changing contractor, the condition of the project, the percentage of completion and the materials used should be documented, and the contract, correspondence, financial transfers and site minutes should be kept. A specialist engineering report, or a judicial application to record the condition of the site where needed, helps establish the defects and the cost of remedying them, and the causes of delay and who is responsible for it.
How we help protect your rights
We review the construction contract and its terms on payments, handover, warranty and variation orders, and compare the work carried out against the agreed specifications in coordination with technical specialists. We then prepare the notices and claims, work towards a settlement that preserves the client's rights, or represent the client before the courts or in arbitration, according to the competent forum and the terms of the contract.
Legal protection also extends to contesting unwarranted claims for additional works, reviewing the final account, and claiming the return of amounts shown not to be due and compensation where its grounds are established. The appropriate course of action is determined only after the documents have been examined, because suspending payments or terminating the contract without proper grounds and procedures can itself expose the client to liability.