Beware of cowboy builders

Home owners should be aware of unscrupulous builders in the area. Commencing work on your property may soon become a nightmare if you fail to choose a legitimate and reliable tradesman/builder to carry out the work for you. It can be very stressful and expensive. It is therefore very important to select the right person who has the experience and expertise to carry out the work for you.

Reputable builders are generally honest, reliable and trustworthy people and it is always important to look out for those who are experienced to deal with your specific area of expertise. Genuine builders often have public liability insurance and will enter into written contractual agreements.

Statistics show that over 100,000 complaints each year are received by the Office of Fair Trading. Many builders within the UK are not members of the Federation of Master Builders or legitimate tradesman. Government figures estimate that £4.6 billion of building work is carried out by rogue builders operating on the “black economy”.

Spotting a “cow boy builder” can be very difficult and stressful. They are often not well trained in any specific area of maintenance. They are unlikely to have any insurance and do not often enter into written agreements! Most cow boys present themselves with an image of confidence which makes it extremely difficult to question their abilities and promises.

Practical guidance

  • Check out a builder’s credentials to ensure that they are genuine. Ask for references of previous jobs
  • If a licence is required, ensure that the builder has the right one for your particular job
  • Ask someone you trust (friends, neighbours, family) if they can recommend a builder for the particular type of work you require. Always seek more than one recommendation!
  • Obtain written quotations from two or three builders
  • Ask for work to be supported by insurance backed warranty
  • Avoid cash in hand deals – if you do pay by cash, always obtain a written receipt
  • Check how soon they can start, the genuine ones are often very busy!
  • Be clear from the outset precisely what work needs to be carried out and set out a clear specification
  • After obtaining quotes and negotiating terms with a builder, it is important to put it in writing.
  • Seek legal advice to ensure that the contract is drawn up correctly should things go wrong.

WAYS OF PURSUING RIGHTS

  • Discuss any problems with the builder (if you are able to) and try to deal with the matter amicably.
  • You can report the builder to your local Trading Standards office who would investigate the matter on your behalf.
  • Pursue the matter through the civil court system for breach of contract where you have suffered loss or damage as a result of the builder’s negligence. It should be noted however that as a large number of claims involve amounts less than £5000, you may commence an action yourself through the small claims track section of the county court. The advantage of this is that it is an effective way of keeping legal costs to a minimum. You may of course seek representation from a solicitor to deal with your consumer problems. Litigation however is an expensive and lengthy process and should always be used as a last resort.

Contact Najma Ahmad on 01772 254 201 for further advice.
Email Najma.ahmad@mwrlaw.com