Choosing a Builder

INTRODUCTION

Under the Supply of Goods and Services Act 1982, you are entitled to expect work to be carried out with reasonable care and skill, within a reasonable time and at a reasonable cost.

Any materials supplied as part of the contract must be as described by the contractor, of satisfactory quality and fit for the purpose for which they are intended.

It is much easier to enforce your rights if you have drawn up a written agreement of what is expected before work commences. If you select your tradesman with care and follow the advice in these pages, you can eliminate much of the risk.

The Government has issued its final report on 'cowboy builders'  which recommends the introduction of a 'quality mark scheme'.

The idea is that all builders will be encouraged to join the scheme, which will also have a speedy complaints procedure.

PLANNING AND APPROVAL

You may need to get approval for your home improvements, depending on the size and nature of the job. You may need:

• Planning permission from your local authority for substantial jobs;
• Building regulations consent, usually for changes in the structure or services of a property, such as an internal wall or connection to a sewer. Contact your local authority building inspector to confirm whether this is necessary;
• Special clearance if you live in a listed building or conservation area. Check with your local authority planning officer.

To let you neighbours know of your plans - work may affect their property.

CHOOSING A TRADESMAN

Don't be pressurised into having unnecessary work done and beware of 'special offers' which you will get only if you sign up for them immediately.

Don't pick the first builder or plumber that you see advertised.

Do judge firms on past experience. Have you, your friends or your neighbours used a firm that proved to be reliable on previous jobs?

Do find out whether the contractor is a member of a trade association that may give extra security should a dispute arise. Contact the relevant trade association to find a member in your area.

Do ask to see examples of work that the contractor has carried out or references.

Do make sure the contractor is established with premises you can visit. Be wary if only a telephone number is supplied.

Invite three or more contractors to quote for the work that needs doing and don't forget to check whether the quote includes VAT.

Make sure all tradesmen know exactly what work is to be done, what preparatory work is to be included, when the work should begin and how long it should take, and how the site should be left, i.e.: clean and tidy with all rubbish removed.

The things agreed upon should be detailed in the quotation so that both you and the tradesman know exactly what is expected of each other. Check that all items are covered on this, including any materials/make of product you specifically requested to be installed.

The contractor should have insurance which covers damage to your and your neighbours property - check this. Also make sure that either the contractor's or your own insurance covers death and personal injury.

Ask each tradesman who quotes for you about guarantees, particularly any which are insurance-backed.

GUARANTEE SCHEMES

Guarantees are in addition to your legal rights

Sometimes contractors offer their own guarantees of their work - check to see what is and isn't included. The guarantee may be for 10 years but, if the contractor goes out of business, the guarantee will be worthless.

You may feel more secure with an insurance-backed guarantee. The guarantee will be honoured even if the contractor goes out of business.

There are other guarantee schemes which cover you for completion of work should the contractor go out of business or cover against poor workmanship. These are sometimes offered by trade associations.

Payment

Ensure that all work which was discussed is included on the quote and make sure it is clear whether VAT is included or to be added. Some contracts end up costing more than originally intended because of changes which occur as the job progresses. Agree the costs of such changes as they arise.

Be wary about paying large deposits - the contractor may disappear with your money. You may feel that it is fair to pay in advance for the materials, but do NOT pay for the work in advance.

Stage payments are a good way of ensuring steady progress of the work. You pay in stages once the work for that stage has been satisfactorily completed.

Make sure you inspect the work and are satisfied with the workmanship before you part with your money. You may be able to withhold part of the payment until you are satisfied, but be careful if you have a credit agreement as there may be problems if you fall behind with your payments.

Be fair - if you are satisfied with the work, pay promptly - and always get a receipt.

IF THINGS GO WRONG

• Discuss the problem and give the tradesman a chance to put it right.
• If this doesn't work, put your complaint in writing giving a deadline. Send it to the head office if there is one. Always keep copies of all letters sent and received and make a note of conversations.
• If you are not satisfied with the work, you may consider withholding part of the payment. Be careful if you have a credit agreement as there could be complications if you fall behind with payments. Inform the lender if such problems arise.
• If you chose a contractor that belongs to a trade association, they may offer a conciliation or arbitration service to settle your dispute.
• If you are considering taking the contractor to court, it will be worth paying an expert to back up your complaint. Any reputable trader with relevant experience can count as an expert. If the amount to be claimed is higher than the maximum small claims limit, arbitration schemes run on behalf of the trade associations could be considered. If you have expert advice on your behalf and there is no likelihood the builder will go out of business, it could be worth trying the county court for disputes over £5,000.

NEWLY BUILT HOMES

You would expect a newly built home to be perfect, but new homes are prone to cracks which occur as the house dries out. Just like a new car, your new home needs to be 'run in' - a minimum of 6 months should do it.

Here's what to expect, how you can minimise the effects and how to claim if a serious problem develops.

Between 1,000 and 1,500 gallons of water are used to build a new home and, when you move in, there will still be some moisture in the structure that needs to evaporate away. Some condensation is inevitable, but you can keep it to a minimum by balancing heating and ventilation. Ensure a window is open, the ventilators are open or the extractor fan is used where there is one. Keep built-in wardrobe doors slightly ajar - condensation is usually found in places where there is little air movement.

Help keep moisture levels down by covering pans when cooking, hanging wet washing outside and preventing steam from escaping from the bathroom when taking a bath. Wipe any condensation away, and don't allow it to settle on timber window frames where it can cause rot. When the house is heated, timber and plaster will shrink causing small cracks. Limit this by keeping the temperature as even as possible. Use heating sparingly at first.

Do not paint or wallpaper until the walls have dried out (this can take up to 12 months). The walls may already be painted, but the builder will probably have used a light paint that lets moisture work its way out.

When you do find cracks, you should leave these for a few months until your house has dried out. Then they can be sealed using a good filler, plastered and decorated.

It is particularly important to allow your new home time to dry out because the builder is NOT responsible for normal shrinkage or condensation due to drying out.

Protection for new home buyers

Builders of new homes usually subscribe to one of two organisations who regulate their members and offer the all-important structural warranty (essential for any mortgage). These organisations are the long-established National house Building Council (NHBC) and the insurance company owned Foundation 15.

The National House-Building Council is the independent regulator for the industry and provides a structural warranty on new homes called the Buildmark. This is a ten year insurance policy which covers you against any physical damage to the home caused by a defect which results from the builder failing to construct in accordance with NHBC standards.

If the problem occurs in the first two years, you must report faults to the builder in writing (remembering to keep a copy). It is the builders responsibility to carry out any necessary repairs. Should the builder fail to do so, the NHBC offers a free conciliation service to resolve the dispute and can assist in arranging remedial work required. Remember the builder is not responsible for normal shrinkage or condensation due to the property drying out or damage arising from failure to maintain the property.

For the remaining eight years of the warranty, you should contact the NHBC insurance company with your claim. You should be covered for major damage caused by a defect in the load bearing structure of your home, or by subsidence, damage caused by a defect to roof tiles and slates, external well rendering and floor decking (not the first £500), defects in below ground drainage and defective chimneys and flues causing a danger to health and safety.

It is important to note that it does not cover you against any claim that is covered by your household insurance policy and it does not cover items such as windows, doors, gutters or central heating.

The warranty offered by Foundation 15 is very similar, except it lasts for 15 years - as its name implies.

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