Most building disputes arise from poor contractual documentation and/or defective work or material.
When one concludes a building contract, the expectations are high, even unrealistic and rarely well thought through with budgets that prove to be unrealistic. It is clear that most of the problems can arise before the commencement of the actual building work itself.
The initial quotations, before the conclusion of the contract, will often omit critical items of work that must be completed before the main project can be completed for which a contract gets concluded. This usually leads to conflict between the contractual parties.
When working with a budget, the owner or contracting party, will rarely leave room for the unexpected hidden expenses. This creates tension when the owner wants any changes made to the plan or agreed on contract, all the while expecting the contractor to stay in the original budget.
On the other hand, mistakes and errors are a common feature of any building related work and some contractors lack the necessary skills and expertise for the work they are contracted to do.
For these reasons it is clear to understand why disputes are a regular occurrence in the building environment.
The most common areas in which building disputes arise is as follow: contractual interpretation, variations, delays, valuations and defective work.