Poor workmanship – What are my rights?

Home improvement projects require a significant commitment, both personally and financially. The nature of the work involved usually requires specialist knowledge, so many of us turn to building professionals to undertake it on our behalf. We trust they are reliable, possess the requisite expertise and experience to undertake the work, and will complete the project to an acceptable standard and within a satisfactory timescale. Luckily, most of the time, they do, and we can get on with enjoying our newly renovated homes swiftly and without issue. Sometimes, however, our workmen can unfortunately turn out to be ‘cowboy builders’, carrying out the work to an unacceptable standard, leaving your renovation unfinished or taking an inordinately long time to complete it. Our expert building dispute solicitors are regularly approached by aggrieved homeowners asking for answers to their question, ‘I am dealing with poor workmanship – what are my rights under UK law?’

We are a firm of experienced solicitors and barristers with a wealth of experience assisting homeowners embroiled in building disputes. We understand how stressful the situation can be and deliver our first-class advice with empathy and understanding. We will fight your corner every step of the way, striving for a swift, cost-effective resolution that draws a line under the issue and allows you to move on.

We can offer initial fixed fee advice in this area. We can offer a fixed fee consultation to allow you to understand how complex a dispute you may have, and the potential costs of any future legal action, as well as what steps you may be able to undertake yourself, before you commit yourself to any additional legal costs or actions. Where clients are looking for one off initial guidance to understand.

 

For a confidential free discussion, call us today on 01908 414990,  alternatively email us at Hello@altion-law.co.uk or complete our Free Enquiry Form and we will call you back. 

 

What Constitutes Poor Workmanship?

Most home improvement projects will cause a degree of disruption and encounter their fair share of hitches. However, sometimes, the project can go terribly wrong, leaving you with a low-quality build or, worse, an unsafe home. You may be unwilling or unable to live in the property and face expensive remedial work.

Poor workmanship can take many forms, including the following:

• The tradesperson deviates from the brief or plans.
• The tradesperson uses substandard materials.
• The tradesperson damages your home.
• The project fails to progress due to the tradesperson’s delays.

Poor Workmanship – What are my rights under UK Law?

When you agree with a tradesperson for them to carry out work on your property, you enter into a contract with them, regardless of whether or not it is written down (although it’s always best that it is). Depending on the issues, the tradesperson’s actions may place them in breach of contract. A homeowner with a viable breach of contract claim may be entitled to various legal remedies, including terminating the contract and seeking damages for any financial losses sustained.

In addition, when a builder or other tradesperson supplies services to a homeowner under a contract, the homeowner’s position is protected by a statute called the Consumer Rights Act 2015. This statute states that, whenever a tradesperson supplies a service to a consumer, they are obliged to perform that service with ‘reasonable care and skill’ and within a ‘reasonable time frame’. These obligations apply whether or not they are expressly written into the agreement, and a tradesperson cannot seek to avoid the impact of the Act by excluding liability under the contract. Any such clause will be ineffective. The Act does not only apply to builders but also to other tradespeople, such as plumbers.

To allow for flexibility, the Act does not provide a definition of what will be deemed ‘reasonable care and skill’ or a ‘reasonable time frame’, although it is generally accepted that tradespeople are expected, at the very least, to comply with industry standards and any applicable codes of practice. The price agreed may be relevant, and tradespeople offering a premium service might be expected to exercise a higher degree of care and skill than those offering a basic one. The body of case law can assist in establishing whether your builder’s actions amount to a breach of their statutory obligations.

Suing a Builder for Poor Workmanship

Suing a builder for poor workmanship can be complex, requiring not only an understanding of the relevant laws, but also of industry standards and norms. Our building disputes solicitors are experts in the field. They have decades of experience assisting homeowners to resolve issues with their builders and other tradespeople. Their advice is straightforward, practical and focused on resolving disputes as quickly and cost-efficiently as possible.

Where clients are looking for one off initial guidance to understand what steps to take  in relation to a dispute or if taking a dispute forwards is the correct step, we usually recommend a fixed fee consultation in the first instance.

 

For a confidential free discussion, call us today on 01908 414990,  alternatively email us at Hello@altion-law.co.uk or complete our Free Enquiry Form and we will call you back. 

 

What Law governs suing a Contractor for Poor Workmanship UK?

Poor workmanship can take many forms. For example, your contractor may stray from the agreed brief, use cheaper, substandard materials or complete the job to an unacceptable standard. When faced with a contractor’s poor workmanship, the law may step in to grant you the relief you deserve.

The agreement between you and your builder that they will carry out work on your home constitutes a legally binding contract. Your contract does not need to be in writing to be enforceable – contracts made orally are binding, too.

In addition to the express terms you agree with the contractor, various terms will be implied into the contract by the Consumer Rights Act 2015. These terms include that the contractor will carry out the job using ‘reasonable care and skill’. If your builder or other tradesperson’s work is poor, they may be in breach of their contractual obligations. Depending on the nature of their breach, you may be entitled to terminate the contract and sue them for damages.

What are the alternatives to suing a Contractor for Poor Workmanship UK?

Court proceedings should always be a last resort. Litigation can be lengthy and expensive, and its outcome is inherently uncertain. There are several types of alternative dispute resolution (ADR), all of which are generally cheaper and quicker alternatives to suing a contractor for poor workmanship UK. They include the following:

• Negotiation

Our building disputes solicitors regularly settle building disputes by negotiating favourable settlements for our clients. Settlement negotiations often begin before proceedings are issued and can continue throughout the litigation process, right up until trial.

• ADR Schemes for Builders

Several ADR schemes operate solely to process complaints against builders and other tradespeople. These schemes are intended to provide homeowners with a quick and cheap way of resolving issues with their contractors and can be incredibly valuable in appropriate circumstances. However, the relief available through such schemes is fairly limited and may not suffice in your circumstances. Our building disputes solicitors will assess the availability and appropriateness of the various ADR Schemes for builders and advise accordingly.

• Mediation

Mediation is a popular form of ADR and is used extensively in the context of building disputes. The process involves an impartial third party, the mediator, working with the parties to reach a mutually agreeable settlement of their issues. The process is entirely confidential, and anything said at a mediation cannot be referred to in any subsequent Court proceedings. As a result, the parties often feel able to discuss the matter openly and honestly and make concessions where possible. Mediation frequently produces excellent results, and the outcome can be made binding by way of Settlement Agreement or Court Order.

What is the process involved in suing a Contractor for Poor Workmanship UK?

Some disputes cannot be resolved through ADR. The issues involved may be particularly complex, the sums of money involved significant, or the parties’ positions may simply be so far apart that they cannot reach a middle ground. In these cases, litigation is unavoidable.

The process for suing a contractor for poor workmanship begins with our building dispute resolution solicitors sending an initial letter to the contractor, known as a ‘letter of claim’. The letter of claim will detail the circumstances of the dispute, the legal basis of your claim and the action you require the contractor to take to avoid legal action.

If the matter is not resolved through negotiation or ADR at this stage, you will need to issue a Court claim. Once your claim has been issued, it will proceed through the litigation process, which includes exchanging relevant documentation and witness statements. Most building disputes settle before trial, but if yours doesn’t, it will be listed for a hearing at which both parties will present their cases to the Judge, who will decide the outcome.

How can we help with suing a Contractor for Poor Workmanship UK?

We have assisted countless homeowners suing a contractor for poor workmanship UK. We ensure the costs incurred remain proportionate to the issues at hand and always seek the quickest, least acrimonious method of dispute resolution appropriate in the circumstances. Our solicitors are approachable and responsive and will work tirelessly to achieve the best possible outcome for you.

Our building dispute solicitors will review the facts of your matter in conjunction with the applicable law and advise on the merits of your position.

If your tradesperson breaches their statutory obligations, you are entitled to demand that they repeat the work for free. If they cannot do so or fail to do so within a reasonable time period, you can ask for a price reduction or, in some cases, a full refund.

 

Poor Workmanship – How we can help?

If your builder’s work is below par, don’t panic. As a general rule, the law is heavily in favour of homeowners in this situation, and you have several options to resolve the issue.

The first thing to do is to speak to the tradesperson directly. Notwithstanding their having delivered low-quality work, they may be willing to act responsibly and work with you to address the issues, if only to protect their reputation.

If your discussions prove fruitless, speak to us. We have vast experience in assisting homeowners dealing with poor workmanship. We will take the time to ascertain your ultimate goal, whether that be to force the builder to redo the work or recover any sums already paid and go elsewhere, and devise a strategy that achieves those goals in the quickest, most cost-effective way.

Where clients are looking for one off initial guidance to understand what steps to take  in relation to a dispute or if taking a dispute forwards is the correct step, we usually recommend a fixed fee consultation in the first instance.

 

For a confidential free discussion, call us today on 01908 414990,  alternatively email us at Hello@altion-law.co.uk or complete our Free Enquiry Form and we will call you back.