Dealing with dodgy builders and decorators How to complain
- Agree with the builder or decorator about who will check for building regulations approval and planning permission but ultimately it's your responsibility to make sure you get any necessary approval or permission.
- You are entitled to have poor workmanship put right for free.
- You are entitled to have the job completed within a 'reasonable time', but it's best to try and get the builder to agree a timeframe at the outset.
If you aren't happy with the standard of workmanship
Step one
As soon as you know there is a problem, contact the builder or decorator and explain the situation. If you phone, it's a good idea to follow up the conversation with a letter confirming the problem and what you agreed with the builder about what they will do and when they will do it by (unless they say they will visit to deal with the problem in the next few days).
Step two
If the builder doesn't turn up when they said they would, contact them again. Whether or not they have a good reason for not turning up, agree a final date by which the work must be completed. The builder or decorator may be busy, but they have breached their contract with you so they should carry out the remedial work as a priority.
Step three
If the deadline passes or the builder has done nothing to fix the problem, set them a final deadline for doing the work. Make it clear that if they fail to meet the deadline you will get someone else to do it and will be claiming back the cost from them – enclose quotes or estimates that you have obtained from other builders for rectifying the problems so the builder can see how much you will be claiming if they won't put the problem right. Warn the builder that you will take them to court if necessary.
Step four
If the builder or decorator still does not respond, check if they are a member of a trade association as there may be a dispute resolution scheme that you could use. If not you may decide that court action is necessary.
There is a 'Practice Direction' on 'Pre-action Conduct' that sets out the steps the parties must have taken before going to court.
Think about the evidence you would need to prove your claim if you went to court, for example photographs of the poor workmanship. You may well need to get a report on the work done. Try and reach agreement with the builder as to who should provide the report. Wherever possible this should be someone you both agree has the expertise to assess the issues and what will be necessary to put them right.
Step five
When the new builder or decorator has completed the work, write to the original builder claiming the money you have had to spend, detailing exactly what work was done. If they do not pay up, you will have to start court proceedings to claim the money back. If the amount involved is less than the small claims limit (£5,000 in England and Wales and £3,000 in Scotland and Northern Ireland), you will be able to use the Small Claims Court.
If the trader misses an appointment to start a job
Step one
Call the builder and ask for an explanation, and get them to commit to a time and date when they will try again. Bear in mind that they may have a good reason (illness, for example) for having missed the appointment.
Step two
If the second appointment is missed you may need to get tough and give the trader a final deadline – explain that you have a contract with them and the law says they have to do the work within a reasonable time and by failing to do so they are in breach of contract. Set a final deadline by which work must have started and warn them that if they don't you'll instruct someone else to do the work and claim back from them any extra money you must pay over and above the price you'd agreed.
Step three
If the builder or decorator misses your final deadline or doesn't respond to you letters, get quotes from two or three other contractors for the cost of doing the job. Send the quotes to the builder or decorator and give them a final chance to do the work. Warn the builder or decorator that if they don't, you will get the work done by one of the contractors that quoted for the work and will claim the cost back from them, through the small claims court if necessary.
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.
