Dealing with dodgy builders and decorators FAQs
Subcontracting
I had a new extension built and some of the carpentry is really poor – I contacted the builder but he says that he subcontracted this work to a carpenter and so I need to take it up with them. Is this true?
No. If a trader uses subcontractors, they are responsible for their subcontractor's actions and standards of workmanship. The trader you contracted with must arrange to have the problems fixed, and any claim you have will be against them, not the subcontractors.
Poor workmanship
I had the outside of my house painted by a professional decorator a few months ago and already the paint on the windows is flaking off. What options do I have for sorting it out?
The problem could be with either the quality of the paint, or the way it was applied. Either way the decorator will be in breach of contract because they have to ensure both that the work is carried out using reasonable care and skill, and that the materials used are of satisfactory quality and fit for purpose.
Go back to the decorator and ask them to sort the problem out. If they refuse or you get to the point where it's clear that they have no intention of resolving the problem, then get a quote for the remedial work from another decorator, and send this to the original decorator. Give them a final chance to do the work and say that, if they don't, you will get the work done and will send them the bill. Warn that you will claim the cost from them through the courts if you need to. However, you must make sure you have given the trader every chance to put things right before taking this final step and have complied with all the requirements set out in the 'Practice Direction – Pre-Action Conduct'.
Builder goes bust
I agreed to have a driveway laid by a local building company at a total cost of £4,000; I paid a deposit of £250 on my credit card and the balance a week later in cash. The builders went out of business soon after. I wrote to the credit card company, but it offered me only a refund of the £250 – is this all they must pay?
No. You used a credit card and the contract price was more than £100 but not more than £30,000 and therefore your bank is just as liable for any breach of contract as the decorator. The amount you put on the card doesn't matter – the bank is liable in full for the breach of contract.
Damaged home
A painter spilled paint on my carpet when painting my dining room. He said his terms and conditions which were on the back of his quote say I have to claim on my insurance because he won't be liable for any damage. Is he right?
Any contract term that attempts to take away a consumer's legal rights can be challenged as unfair. The Supply of Goods and Services Act says that the service has to be provided using reasonable skill and care, and this would include ensuring care is taken to protect the carpet. The term in the decorator's contract that aims to take away this liability will not be enforceable.
Which? Legal Service help
Which? Legal Service offers unlimited, expert legal advice from our team of qualified and experienced lawyers, at affordable prices. If you've had poor service from a builder, we can advise and help you better understand your rights, to make sure you don't get ripped off.
