Planning home improvements is thrilling, but it can also bring challenges, especially when hiring a builder or tradesperson who doesn't meet your expectations.
Trading Standards receives hundreds of complaints about rogue traders and unreliable builders. Common issues include shoddy workmanship, such as not following plans, making mistakes, or using inferior materials to cut costs.
In such situations, what began as an exciting project can quickly turn into a nightmare. However, you have rights regarding poor workmanship, and in this article, we'll explore the laws that safeguard you and what actions you can take when confronted with shoddy work.
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What laws protect you in the event of poor workmanship?
When it comes to poor workmanship, your rights are protected by either the Supply of Goods and Services Act 1982 or the Consumer Rights Act (CRA) 2015.
In simple terms that means work must be done properly and on time. It also means the material used should be of good quality and as agreed upon.
If a tradesperson doesn’t meet the terms of your agreement, they should fix it in a reasonable amount of time. Furthermore, you might also be able to get compensation under the Consumer Rights Act for any inconvenience.
If a trader hasn’t done a good job
Traders must complete work with reasonable care and skill, meaning it should be done well and worth the price. If they fail to meet this standard, it's against the law.
If they provide both goods and services, you can ask them to rectify the issue.
However, if they only provided a service, you have the right to stop any further work and request a refund.
If a trader hasn’t done what was agreed
If a trader fails to fulfill the agreed-upon work, whether through a written or verbal agreement, they are in breach of contract.
In such cases, you have the right to demand that the trader take all necessary measures to ensure the work is completed to your satisfaction. This includes covering all associated costs, including any extra materials needed.
If a trader hasn’t completed the work on time
Building projects can face delays due to things like bad weather. If the work takes longer than agreed, it can be frustrating, especially if you have a deadline.
If the trader doesn't finish on time, tell them clearly and in writing when you need it done. If they still don't meet the deadline, you can stop them from working.
Whether you pay them or not depends on how much work they've done and whether you’ve paid a deposit.
If a trader hasn’t installed something properly
According to the Consumer Rights Act, goods must be installed correctly if the installation was part of the contract.
If a trader has installed something in or outside your home incorrectly or unsafely, you have the right to get it fixed or possibly receive a refund.
If a trader has done something unsafe, contact the Citizens Advice consumer helpline. They can report the trader to Trading Standards for you. You can also report a dangerous building or structure to your local council online.
Most importantly, if you believe you're in immediate danger due to something unsafe a trader has done, turn off and unplug the appliance or leave the building to minimise the risk of injury.
If you’ve been overcharged
When you receive a quote from a trader, they can't charge more unless you agree to extra work or the quote was obviously wrong.
It's not okay for a trader to raise the price because material costs go up if they gave you a quote.
If a trader tries to charge you more than quoted, you have the right to pay only the original quote.
If you got an estimate from a trader but the final bill is much higher than the estimate for no good reason, you should tell the trader you’re unhappy with the price and explain how much you are willing to pay.
How to deal with poor workmanship
Collect the evidence
Once you spot poor workmanship, gather evidence right away. Take photos of the work, materials used, or any property damage resulting from the work. Also, keep copies of any contracts or agreements, especially those detailing the project and agreements made.
This evidence will support your claim that the builder hasn't met the agreement terms. It also gives you leverage when discussing the issue with them and requesting corrections.
Talk to the trader
Once you've gathered all your evidence, raise the issue with the trader, even if they hired another business for part or all of the work.
Putting a complaint in writing, even if you initially discuss it verbally, is a good idea. Regardless of the reason for the complaint, clearly explain the problem and how you want it resolved.
Ideally, the trader will address the issue or offer a refund. However, if they don't take action, you may need to escalate the matter by making a formal complaint.
Traders typically have an official complaints procedure outlined on their website or in their paperwork. If so, follow the steps for making a formal complaint, and keep copies of all communication and relevant information.
Consider Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR) is preferred for resolving construction conflicts because it's cheaper, faster, and less stressful than going to court.
Traders aren't legally required to join ADR schemes, but some may be part of organisations that offer ADR services. These methods, like mediation or arbitration, involve independent third parties to help settle disputes.
Make a claim against the trader
If none of the previous steps resolve the problem, you can think about taking your builder to small claims court for breach of contract. However, this should be a last resort.
You don't have to have a solicitor for this, but it could be useful to get legal advice if you're unsure about your claim's strength or if there's a lot of money involved.
Your home insurance may cover your legal expenses if it’s included in your policy. But they’ll typically only support your case if they believe you have a good chance of winning.
How can Lawhive help?
It’s incredibly disappointing to invest in home renovations if the completed work doesn’t live up to the standards you expect.
Understandably, you’ll want to take action against a trader in the event of poor workmanship and, perhaps more importantly, get the problems fixed quickly so you can get back to peacefully enjoying your home.
At Lawhive, our network of expert litigation solicitors is on hand to provide swift, affordable legal advice to help you challenge shoddy workmanship, from making a complaint to issuing a claim at county court.
For more information and a fixed fee quote, contact our legal assessment team today. In most cases, we can assign a specialist solicitor to your case in as little as 24 hours.