Mr James Carter, a Leeds homeowner, instructed Aldwych Legal to challenge breaches by Leeds Home Improvements Ltd under a building contract dated 26 July 2023 for a wet room wrap-around extension. The dispute centred on failures to meet the contract terms, quality of works, and disputed invoices.
What Happened
Mr Carter’s project progressed with repeated delays and incomplete works. The contract set out the scope, timeline, and a flat fee of £30,000, but the contractor submitted additional, unagreed charges. The contractor’s attendance was inconsistent, and work stalled well beyond agreed milestones, causing distress to Mr Carter and his family, particularly given his father’s ill health.
The engagement began in Leeds, and the works were expected to be completed within a reasonable time under the Supply of Goods and Services Act 1982, with services provided with reasonable care and skill. The project ultimately deviated from the plan, with the client incurring extra costs and emotional strain as delays continued.
Legal Issues
- Breach of the implied term to perform services with reasonable care and skill under the Supply of Goods and Services Act 1982, and failure to complete within a reasonable time.
- Unjustified additional charges contrary to the Unfair Contract Terms Act 1977 and the contract terms.
- Breach of Clauses 3 and 24 of the contract due to sporadic attendance and delays, impacting the project completion and causing distress.
- Potential non-compliance with CPR and the Pre-Action Protocol for Construction and Engineering Disputes, triggering early resolution steps.
Our Approach
Aldwych Legal issued a formal Letter of Claim to Leeds Home Improvements Ltd., citing breaches and seeking immediate remediation. Our letter complied with the Civil Procedure Rules and the Pre-Action Protocol for Construction and Engineering Disputes, detailing the breaches, requesting an action plan, and offering ADR as a path to resolution.
We advised our client on remedies, including a detailed audit of invoices, an action plan to resume and complete the works, and compensation for distress caused. We engaged in pre-action correspondence and negotiations to narrow issues and avoid court proceedings wherever possible.
Outcome
The matter was resolved through ADR, with Leeds Home Improvements Ltd. agreeing to provide a detailed breakdown of charges, refund unjustified invoices, and resume and complete the contracted works within a revised schedule. No admission of liability was made at this stage, and the parties agreed to an ADR-based settlement to avoid litigation.
Result / Why It Matters
Aldwych Legal’s handling of this construction dispute demonstrates our ability to combine contract-law expertise with practical ADR strategies to protect clients’ financial and emotional interests.
