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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 53281
Experience:  Qualified Solicitor
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I have lost all faith in a builder I engaged to extend my

Customer Question

I have lost all faith in a builder I engaged to extend my house in 2013. The render started becoming detached shortly after completion and it has taken until march of this year to get them to agree to repair the render. The scaffold was erected in March, but despite this now having been removed, the render is of poor quality and they have damaged brickwork and decking during the render repair process. Do I have to let them back on site to complete the repairs to a satisfactory standard, or can I get another tradesman in to complete the job and charge it to the original company?
Submitted: 4 months ago.
Category: Law
Expert:  Ben Jones replied 4 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 4 months ago.

How long ago did they redo this work?

Customer: replied 4 months ago.
The scaffold was erected in March this year and it is still not completed. The plasterer agreed that the render repair was poor and offered to have another painter come in to carry out a cosmetic repair as it is on the front elevation of the house.
Customer: replied 4 months ago.
One of the render repairs hasn't been painted at all and is now coming detached from the structure behind
Expert:  Ben Jones replied 4 months ago.

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 4 months ago.

Many thanks for your patience. When a person enters into a contract for work and materials, where the main focus is labour and skill, the Consumer Rights Act 2015 says that the work must be:
• Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession)
• Finished within a reasonable time (unless a specific time frame has been agreed)
• Provided at a reasonable cost (unless a specific price has been agreed)

In addition, any information exchanged in communications between the parties, whether written or verbal, is binding if the consumer relies on it. This will include quotations and any promises about timescales or the results to be achieved.

If there are problems with any of the above, the customer will have certain rights and in the case of substandard work, the trader should either redo the parts of the work which are inadequate or perform the whole service again at no extra cost to the customer. This must be done within a reasonable time and without causing significant inconvenience. If this is not possible, you can claim a price reduction, based on the severity of the issues. If they simply refuse to resolve the issues, you can consider getting someone else to rectify the issues and either deduct these costs from the total owed to the original trader, or pursue them for any extra costs that have been incurred.

Ideally you should let them do the remedial work, unless there are clear grounds not to allow that, such as if their work is dangerous or they have consistently let you down. Otherise,miWhen a person enters into a contract for work and materials, where the main focus is labour and skill, the Consumer Rights Act 2015 says that the work must be:
• Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession)
• Finished within a reasonable time (unless a specific time frame has been agreed)
• Provided at a reasonable cost (unless a specific price has been agreed)

In addition, any information exchanged in communications between the parties, whether written or verbal, is binding if the consumer relies on it. This will include quotations and any promises about timescales or the results to be achieved.

If there are problems with any of the above, the customer will have certain rights:

1. Substandard work - the trader should either redo the parts of the work which are inadequate or perform the whole service again at no extra cost to the customer. This must be done within a reasonable time and without causing significant inconvenience. If this is not possible, you can claim a price reduction, based on the severity of the issues. If they simply refuse to resolve the issues, you can consider getting someone else to rectify the issues and either deduct these costs from the total owed to the original trader, or pursue them for any extra costs that have been incurred. Otherwise, it would be reasonable to expect them to try and fix the issues.

Does this answer your query?

Customer: replied 4 months ago.
Surely, if the work was originally carried out and paid for in 2013, this would be covered by the Supply of Goods and Services Act 1982, as it's the repair of faulty work carried out in 2013?
Expert:  Ben Jones replied 4 months ago.

Sorry i was unclear on when the work was actually carried out, as it was only mentioned you engaged him then but not when the works completed. Either way, the only thing that would change is the name of the laws that apply, the contents are practically the same and so ar your rights. Does this clarify?

Expert:  Ben Jones replied 4 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 4 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks