Technical: Common causes of disputes

Avoiding disputes

Written by Owen Baker Technical Officer (Policy and Research)

Research into consumer spending habits has reinforced what most of us already knew - societal changes over the last two years have transformed how most homeowners use their living space, which has accelerated the growth of the home improvement sector.

Demand for all types of home improvement products and services has increased significantly since 2020, with one market research report ranking garden makeover the 2nd most popular home improvement after a new kitchen, and ahead of a new bathroom, loft conversion and extension.

This period of growth for the home improvement sector has coincided with significant challenges: material supplies, staff illness and production cost increases, as well as the perennial issues of labour shortages and the unpredictability of the UK weather.

Research has revealed two thirds of tradespeople regarded 2021 as their busiest year ever but, unfortunately, more than one in three tradespeople also reported increased levels of stress due to challenges associated with work.

One area of a project likely to generate stress is dispute with a client. Unfortunately, the number of disputes reported between contractors and domestic clients has increased significantly since 2020, which is a trend observed by the Association during the fulfilment of its role as a dispute resolution provider to members and their clients.

The Association’s Dispute Resolution Service is a free member benefit offered to Accredited Contractor and Designer members. The service ensures lines of communication remain open between the client and Association member in the event of a disagreement, whilst the BALI technical team review project documentation and suggest a resolution which ensures a fair outcome.

Most disputes reviewed by the Dispute Resolution Committee do not arise from poor workmanship, but a difference in expectations caused by a lack of communication between client and contractor of the terms of business, as well as the service they will receive.

The disputes committee frequently review project documents which fail to furnish the customer with adequate detail. Specific issues include:

• Failure to issue terms and conditions

• Specification which does not detail all elements of the project in sufficient detail

• Design drawing which is either absent or fails to provide sufficient detail

• Failure to record variations in specification and cost during the project

There are measures all Association members can take that will help prevent disputes arising:

1. Issue contracts, terms and conditions: Use either the free domestic contract available for members to download from the BALI website (by logging in to the member area), or one of the JCLI Landscape Works contracts available for £35 + VAT from landscapeinstitute.org/ technical/jcli/

2. Issue specification and design drawings: Members are encouraged to issue documents which communicate the full extent of the works. A specification and bill or quantities (which may be combined for smaller projects) together with design drawing is the minimum expected.

The design must accurately communicate the project deliverables. Together with the specification and bill of quantities, the design drawings should be sufficiently detailed to enable a third party to construct the project.

Experience gained by the committee has led them to identify this lack of communication in three specific areas of the project:

• Cost

• Specification

• Design

Before exploring aspects of a project which arise once a contract has been agreed, the Association wish to stress the importance - now more than everof members choosing customers who fit their business model.

Realistic budgeting

Most domestic clients tend to undervalue the budget required for even a modest domestic garden project using hard and soft landscape materials. As material prices and business operating costs continue to increase, this trend is likely to become more common.

The disputes committee urge members to be mindful of clients whose budget is not sufficient to meet their project ambitions, and members should pay particular attention to projects where the client’s budget is likely to be exceeded following minor variations which may be expected during a project.

The Association suggest members reflect on their target market and bear in mind the gradual attrition of customer groups as project budgets increase with inflation. The Association advise members not to undervalue their time and skill for the benefit of the client, and not to pricematch ‘fly-by-night’ businesses.

Providing value for money is something all customers seek regardless of budget, and it is important Association members deliver a service commensurate with their role as a professional landscape designer and/or contactor.

Clarity of specification

The service provided should include provision of documentation which gives the client a clear understanding.

3. Provide clients with samples of all materials used and ensure they understand the implications of using natural products:

• Variation in colour

• Variation in texture

• Maintenance requirement

4. Record scope changes. Members must gain positive consent from their client for any scope changes and record these on a revised quote, email or document. The client should understand the cost, materials and time implications of all scope changes before the contractor proceeds with the variation.

Whilst these documents place an additional burden on busy designers and contractors, time invested in the early stages of a project is likely to avoid future disputes. Provision of contractual documentation to the client at the outset is particularly beneficial in the event of a dispute where the clients’ expectations have not been met, since it allows a third party to quickly identify the deliverables quoted by the designer or contactor.

Review the revised disputes service forms provided by the Association on the BALI website and familiarise yourself with the evidence required as part of a dispute. If you do not routinely provide documentation such as a contract, terms and conditions, design and specification with your quote, consider the implications of settling a dispute without these.

The distinctive ‘spot’ marks on the surface of these sandstone paving slabs are caused by incorrect laying.

The trend for a level threshold in domestic landscape projects must be carefully considered by landscape designers and contractors to ensure the damp proof course of the property is not compromised.

Use of porcelain on domestic projects has increased significantly. Successful use of this material relies on good adhesion between the underside of the paving and mortar beneath. Always consult the paving manufacturer or supplier to ensure the correct materials are used.

Owen Baker Technical Officer (Policy & Research)

The Association hosted a webinar in August 2022 with Owen Baker and Lesley Hewitt, an independent expert and landscape consultant with over 40 years’ experience in hard and soft landscape construction and has worked closely with the Association on a number of dispute resolution cases. The webinar is available to view for all members on-demand in the member area of the BALI website.

https://www.bali.org.uk