Building work and property repairs

Rights over building work:

• The work should be carried out with reasonable skill and care.
• Unless you agreed something different, the building works should be completed in a “reasonable” time
• The customer is entitled to have the poor quality work redone properly at no additional charge. In more extreme cases you may be entitled to claim back the cost of someone else doing the work properly
• The customer can also claim the cost of putting right any damage caused or replacing damaged items
• The customer can also claim any other reasonable losses and expenses but generally not their inconvenience or time spent in bringing a claim.
• Some builders’ contracts or terms of business may seek to limit these rights and limit the remedies available  – the court would need to decide if such terms were unfair.

Rights over cost of building work:

Unless you agreed something different, the cost of the building works should “reasonable”.

• Quotes: If a builder’s quote is agreed (and the building work starts during the time when the quote was still valid), the builder can’t charge more for carrying out the work agreed between you. This is true even if it costs the builder more than they expected to do the work.
• Estimates: If a builder’s estimate is agreed then this is not fixed and is only a guide to the final price. However the final price should still be based on the estimate. If the final price is a lot higher than the estimate, then the customer will only be expected to pay a reasonable amount assessed on the basis of what the estimate said.
• Extra work: If a customer asks a builder to do extra work (or do part of the job differently than originally agreed) the builder can charge extra for this (on top of the original quote or estimate). The extra cost should be agreed (with a note kept at the time).Otherwise it will be necessary to assess what extra charge is reasonable.
• Obvious mistake in a quote or estimate: If a builder makes a genuine mistake in a quote (perhaps in adding up the various aspects) then the builder usually has the right to be paid by their customer the amount that  was really intended.

The area of law is known as “breach of contract”. Customers are also given extra rights under Consumer Rights Act 2015.

1: What was agreed.

Before a tradesperson started work, you will usually have reached an agreement as to what they were going to do and the cost. This agreement can be:

• A formal written contract
• An agreement and price reached in an email or text exchange
• A verbal agreement or understanding
• A common-sense understanding as to what is “reasonable”

2: What you are unhappy about.

This will be what the builder or their customer has done that has not followed the agreement. Examples include:

• Poor quality of work
• Mistakes made
• Wrong design or materials.
• Charged more than was agreed.
• Left the job unfinished.
• Customer of builder not paying the bill

1: Proof of what had been agreed between you. Perhaps a formal contract or an email or text exchange or notes you made at the time of a verbal agreement.

2: Proof that the agreement has been broken – such as photos of  poor quality building work or of using the wrong materials or design.

3: Proof of the financial loss caused to you – such as an estimate to put right the poor quality work or bank statements showing that the customer has not paid what was agreed.

Financial compensation or repair work– to put you in the position you would be in if the agreement had been followed.

1: The work completed (if left unfinished)

2: The work re-done to a reasonable standard

3: The cost of any other losses and expenses caused by the broken agreement. They can include future losses. Examples include the cost of cleaning carpets damaged by water damage and the cost of taking time off work to clean up and minimise damage to other property.

But all must be reasonable and cannot be a loss you would have suffered anyway. A builder is entitled to receive money for the work done properly.

Usually 6 years from the date of the agreement was broken. 3 years if the poor workmanship caused you a physical injury.

But this can get very complicated if you did not realise there had been bad quality work at the time.  You might be entitled to a 3 year extension but it is important to take advice as soon as possible.

• Plumber leaving leaking pipes causing damage
• Builder not finishing job
• Electrician not putting plugs and sockets in right place or damaging central heating pipes.
• Roofer not using right materials or agreed design.
• Decorator not doing a good job or causing damage