What to do if you encounter a problem
Whenever you employ a contractor to undertake work in your home, there is a small risk that things might not go quite according to plan. Find out how to minimise that risk and where to turn for help should you need it.
Prevention – much better than cure
Many of the problems that arise between homeowners and contractors can be avoided through careful planning and good communication from the outset. Be sure about exactly what you want and what you are expecting to happen. Then ensure that the contractor understands what the job entails: put everything in writing, including the price, the duration of the job and any particular requirements you have with regard to how the job is carried out and the materials used.
This means that if a dispute arises further down the line, you have something to refer back to stating exactly what was agreed between yourself and the contractor.
Your rights as consumer
You have a right by law to expect the work to be carried out “with reasonable care and skill”, ‘in a reasonable time’ and ‘for a reasonable charge’. Any goods or part fitted as part of the contract must be ‘of satisfactory quality’, ‘fit for the purpose’, and ‘as described’.
These terms, of course, are open to some degree of interpretation and if you are in any doubt about a particular area, ask other traders, contact a trade professional association or ask an independent expert for an opinion. For example, you could talk to an architect or surveyor, or an experienced adviser advisor from the Citizens Advice Bureau (in the UK) or the Construction Industry Federation (Rep.of Ireland).
You may also have further rights arising from any contract you have with the contractor; if in the process of the work the contractor or his employee has caused damage or injury; if the contractor has committed a criminal offence in undertaking the work (for example, if he has fitted unsafe electrical wiring); or if the work is covered by a guarantee or is subject to a code of practice set out by a trade association.
So what should I do
The moment you suspect there is any sort of problem with the work being carried out, confront the contractor. A problem identified early on is going to be much easier to solve than if you wait until the job is finished and you may find that it can be sorted out on the spot.
If you remain unhappy with the way things are going, however, put your complaint in writing, explaining what the problem is, what action you action you expect and by when. If it is a large company send your letter to the customer services manager or the chairman. Keep records of all correspondence and telephone calls and take photographs if relevant. It may be worth your while to pay an independent expert for a report on the problem, particularly if you intend to take legal action.
Be cautious about with holding monies owed, particularly if you have a credit agreement-withholding payment may affect your credit rating. However, continuing to pay will not undermine your claim.
There’s help at hand
If at any stage in the process, you feel that you don’t what to do next, there are plenty of places to go for help:
- Trading standards/consumer protection departments:
You can find these through your local authority and they have powers to investigate consumers complaints. - Citizens advice bureau:
CAB expert scan offer advice on a wide range of problems-check the telephone book for your local branch. They will be able to tell you if your complaint is worth pursuing through the small claims procedure and advise you on how to go about it. - Law centres:
If there is one in your area, you may be able to get free legal advice from a qualified lawyer. - Trade Associations:
If the contractor in question is a member he may be bound by a code of practice; some also offer low cost conciliation or arbitration schemes. - The police:
If you think a contractor has defrauded you or committed any kind of offence while you in your employment.
