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Here is a simple guide on what to do if you have a complaint to your builder Kilburn. Contact us for more information

The Process Complaining for Building Work Kilburn

Building disputes are expensive, time-consuming and exhausting for both parties. We help you settle through Building mediation Kilburn. We can handle the following issues:

  • Building and Planning Permission
  • Contract Disputes
  • Project Duration
  • Damage to Property
  • Additional Cost
  • Material Disputes
  • Unfinished Jobs

What is Mediation?

Mediation is a private, interactive and structured process wherein an impartial third party helps the parties involved resolve conflict using exceptional negotiation and communication techniques.

This process is focused on the rights, needs, and interests of both parties.

They are encouraged to participate in the sessions actively. The mediator uses different techniques to guide the sessions in a constructive direction that will help both parties find the optimal solution.

Mediation is a type of Alternative Dispute Resolution (ADR) Kilburn, a manner of settling disputes between two or more parties with real results. The mediator helps the parties settle.

Mediation has a timetable, structure, and dynamics that standard or negotiations don’t have. Participation is voluntary, and the process is private and required by law. The mediator facilitates the entire process.

In litigation, a judge will make the final decision. In mediation, the parties and the mediator control the entire mediation process. They decide when and where the mediation occurs, who will attend and how the mediator will interact with both parties and how the mediation is going to be paid.

The mediator facilitates open communication and oversees the interaction between the parties. They evaluate relevant norms and issues without expressing any opinion, making the decision for any of the parties or providing prescriptive advice.

Why You Should Consider M4B for Construction and Building Disputes Kilburn

Mediation offers many advantages over litigation. One of these is the fact that mediation is cheaper than litigation because the process is often completed within 1 or 2 days — most of the mediators who specialize in engineering and construction charge by the hour.

Since mediation sessions for construction and buildings are done within a period, you won’t have to spend a long time away from your business.

Aside from this, preparation for mediation is easier and simpler than what’s required for litigation preparation. Lawyers are not necessary, but they may participate in the mediation session when the parties request.

Mediation is usually conducted at the residence that’s involved instead of visiting a job site and holding a separate arbitration hearing at a neutral location or litigation performed at a jurisdiction court.

Mediators are well-versed and experience in various kinds of disputes. The mediation is faster than litigation. Cases of engineering and construction litigation usually last several months or even years.

Mediation, on the other hand, allows both parties to continue working together to complete the construction project and arrive at an agreement that’s favorable for them.

In litigation, a judge usually makes the verdict or decision. It might also ruin the relationship between the parties. Mediation allows both parties to express their opinions and concerns. In litigation, their lawyers represent them except when they’re taking the stand, and the opposing lawyer wishes to cross-examine the party.


Mediation is a private process. It’s not subject to public knowledge and media attention. Mediation is informal. If some issues have been settled or there has been an agreement written, and a full settlement has occurred, the deal is legally binding.

No appeals process will occur. In litigation, you will find different levels of appeals in an ongoing judicial process.
Mediation doesn’t involve any jury, reducing the risk of large unwarranted awards.

The mediator is a seasoned professional and has a deep understanding of the construction industry, so any emotional or superficial arguments can’t influence them. Discovery is also limited in mediation. The lawyers of the parties rarely pursue matters, which happens in litigations.

Pre-Action Protocol (PAP)

The Pre-Action Protocol (PAP) for building and construction disputes could help you reach an agreement without bringing matters to court. The PAP sets certain standards that both parties should observe before court proceedings are issued. The protocol aims to encourage the parties to exchange information early. It also seeks to use a suitable type of ADR instead of litigation, which can be costly and stressful.

The plaintiff allows the defendant to understand the nature of the claim and then make a decision on how to respond at an early phase. The PAP aims to make sure that both parties explore all alternative means to litigation and that they exert effort to resolve their differences without turning to formal legal proceedings.

The Pre-Action Protocol applies to every engineering and construction dispute such as negligence claims against architects, builders, quantity surveyors, and engineers. The plaintiff is not required to follow the protocol in the following circumstances:

  • plaintiff is pursuing summary judgment according to Part 24 of Civil Procedure Rules (CPR)
  • court proceedings are necessary to implement the decision of an adjudicator as to whom the issue has been referred according to section 108 of Construction Act 1996
  • the dispute is associated with issues that are substantially the same as or identical to the ones that have usually been the subject matter of a recent adjudication under Construction Act 1996 or other formal ADR procedures
  • an interim injunction claim is involved in court proceedings

PAP Steps

1) Send a Letter of Claim

You have to notify the builder or defendant of your claim by sending them a letter of claim before starting any court proceedings. The PAP specifies the letter’s content, but there could be some terms about complaints in the service contract between you and the defendant that might be prioritized over the protocol.

2) Acknowledgment of the Defendant

The defendant should acknowledge receiving the letter of claim in writing. They should do this within 14 days of receiving the letter. The defendant can give their insurer’s name and address to the plaintiff. If the defendant doesn’t acknowledge receiving the letter of claim, the plaintiff can court proceedings without adhering to the PAP. The defendant could ask for an extension to the standard timeframe that’s indicated to send an acknowledgment, but you should think carefully before agreeing to their request.

3) Defendant’s Response

The defendant should decide on what kind of response they’re going to issue.

4) Raising an Objection to the Named Defendant or Jurisdiction of Court

The defendant is given 28 calendar days to make an objection based on three grounds – the court doesn’t have jurisdiction, the named defendant is the wrong one, and the issue is to be referred to mediation. They should state their objection in writing and indicate the part of the claim where their opposition relates. Their letter must name the correct defendant as well. The response letter of the defendant is not required if he objects.

5) Pre-Action Meeting

Litigation should be considered as the last option. The pre-action meeting is the last chance to reach an agreement before court proceedings start. It’s the step that follows after exchanging the letter of claim and response. The pre-action meeting gives both parties a chance to talk about their complaints before starting any form of legal action. It’s done with hopes of settling matters in private.
The pre-action meeting should be done no more than 28 days after the plaintiff receives the response letter of the defendant. In case the defendant sends a counterclaim, the plaintiff is required to answer this within 14 calendar days and provide a substantive response within 28 days.

If you have received a well-considered response, you should proceed with the pre-action meeting. If you get an unsatisfactory or evasive response, you can take legal action. At this point, it is best that you seek legal advice from a lawyer or legal practitioner.

What’s the Purpose of the Pre-Action Meeting?

The pre-action meeting serves as the initial step to guarantee that legal action can end fast or be even avoided completely. The purpose of the pre-action meeting is to allow both parties to discuss the issue and determine its root as well as find a solution that doesn’t involve any form of legal action.
If they’re not able to achieve that goal, the pre-action meeting can serve as a platform for both parties to talk about litigation details that might happen for it to be conducted smoothly and accurately. They may need to attend two or more pre-action meetings if the first one is failed. Both parties should also consider whether ADR is a better option.

Who Should Attend the Pre-Action Meeting?

Both parties involved in the dispute should attend the meeting and have a representative as well. If the party is a company or a large group, the representative will be from that group. If the party is a single person, he will be the representative. The representative should have the power to decline or accept a resolution or settlement. If there’s a third party that might be affected by how the issue ends, a representative from that third party must be present during the meeting as well. In an insurance company was involved if resulted in the dispute, the representative of that company should be present too. If one of the parties has decided to hire a lawyer, that lawyer should be there as well. Although it’s not necessarily required, you can benefit from solicitor guidance if you’re in dispute with a construction company or an angry client. Other parties may participate in the pre-action meeting to facilitate the discussion. These parties are usually experts on the type of dispute that’s being discussed. If one of the parties requires a specialist to be present at the pre-action meeting, they should first get the other party’s approval.
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