The Consumer Rights Act 2015
This states that every contract to supply a service will include a term that the builder must perform the service with reasonable care and skill.
If the builder fails to do what was agreed for example a wrong product, or poor quality by a builder in lower standard of fitting has been installed. Then the builder is in breach of contract. If the work is not satisfactory you are entitled to repeat performance of the service, or a price reduction.
In addition
1. You are entitled to ask the builder to perform the service again. It is their responsibility to put things right. This is requesting the builder to correct any of the work which has not been done properly.
Top Tip: If you have any concerns it should be put in writing and then to meet, and discuss them with the builder. It may be the case that you feel have lost faith in the builder’s ability. If the matter proceeds to the court, it will be expected for you to show that you have made efforts to resolve the dispute with the builder.
2. Any repeat work to be done by the builder to fix the problem it should be at the builder’s expense. This is within a reasonable amount of time. If the builder fails to address the problem by a deadline set by you. Then you may be entitled to instruct a third party to do the work, and claim the cost from your original builder.
Top Tip: Before you do this, you should obtain quotes or estimates from other builders. Let your contracted builder see how much you will be claiming, if they do not put the problem right.
3. If the builder cannot, or refuses to fix the problem. such as poor workmanship then you can ask the builder to reduce the price of the service. This is dependent on the work that needs to be undertaken. It can be up to the full amount of the price.
4. Any refund, or price reduction must be provided without undue delay. In any event within 14 days of the builder agreeing that the homeowner is entitled to the remedy.
5. If the matter is not resolved or remedied, you may wish to withhold money from payment. Requesting the builder to stop any more work, and obtain a refund within 14 days. Once a contract is signed, you cannot ask the builder to stop work. The only remedy is to say the work is not correct specification, and do it again. If it is of safety concern only, then you can stop new work until it is made safe and work done properly. This is why it is important to pay only for work which has been carried out.
Top Tip: You need to inform the builder that you are unhappy with the work and dissatisfied with the quality of work.
Materials
Did you know that under the Consumer Rights Act 2015 that all products and even materials used in building work need to be of satisfactory quality (well-made and in good condition). They need to be fit for purpose (items are suited to what they are being used for) and as described (fit the description you were given e.g colour or style). This to ensure no poor quality work by a builder is actioned.
These Issues Could Include
- A pipe being installed which is cracked and leaks water (not of satisfactory quality).
- The material used on your roof not being waterproof and letting the rain in (not fit for purpose).
- A fireplace being installed which is not the one you selected (not as described).
Who exactly is responsible for fixing problems with building materials depends on the situation. If the builder you hired purchased the materials themselves, believing them to be appropriate for the job, they will need to sort out the issue themselves. On the other hand, if you bought the materials and paid someone else to install them, then you will need to handle the problem yourself. If the problem cannot be fixed, you may be able to negotiate a discount or even a refund.
