The Situation
A Jersey homeowner engaged a local construction company to build a new property under a standard building contract adapted for Jersey law. The contract set out the scope of works and payment schedule, but it lacked detailed provisions on completion timelines and penalties for delay.
The Challenge
The project ran significantly over schedule, causing the homeowner additional costs and inconvenience. When the homeowner sought compensation for the delays, the contractor disputed liability, arguing that the contract did not include clear provisions for liquidated damages or time-related penalties. This created uncertainty and the potential for a lengthy dispute.
Our Approach
Parslows’ LLP | Civil Litigation team reviewed the contract and the correspondence between the parties. We advised the client on their rights under Jersey law and developed a strategy to pursue a claim based on breach of contract and implied terms relating to reasonable completion time. Our focus was on achieving a practical resolution without unnecessary escalation.
The Outcome
Through robust negotiation, we secured a settlement that compensated the client for the additional costs incurred due to the delays, avoiding the need for a full court hearing. This allowed the client to move forward without further disruption.
Key Takeaways for Clients
- Ensure your building contract includes clear timelines and penalties for delay.
- Standard templates often omit critical details that protect homeowners.
- Early legal advice can prevent disputes from escalating and save significant costs.
How Parslows LLP Can Help
Whether you are planning a construction project or facing a dispute, our team provides clear, practical advice to protect your interests. From drafting robust contracts to resolving conflicts, we help ensure your project runs smoothly.