Poor workmanship

23 January 2017

We are replacing a workshop/ garage with an Oak framed larch clad building. We have planning permission for a workshop / store / home office. The project is being undertaken by a local firm and project managed by them. It is nearing completion but there are various aspects that I remain unhappy about – e.g. the floor in an open fronted car port inclines to the rear of the building and I am concerned that rainwater will pool there. The caberdek boarding used for the first floor has expanded at the joints with water ingress causing an uneven floor. Trenches dug for the drainage pipes have compacted since filled so they are now up to 3 inches below ground level.
When I have raised these with the builder I am told they will not be a problem and require no further action.
Where should I go for help – is there an arbitration service that can advise me?

Answers

Any builder worth his salt would be back to rectify these issues, but if he’s not a very good one, then you will struggle. If you used a builder of repute, kicking up a fuss might spur them into action because a poor reference can cost them future work, but if it was done by the bloke who offered the lowest quote, you are unlikely to see them again – assuming you’ve already paid for the work. If you haven’t paid yet, then don’t. Give them a reasonable time to remedy the work and if they don’t, you are entitled to withhold payment and get someone in to do it properly.

If the work was notifiable, your building control inspector would undoubtedly have something to say which could be used to reinforce your point, although they would not arbitrate. If the builder is a member of the Federation of Master Builders (FMB) you could ask them for their opinion and they do offer an arbitration service, but I suspect that with this standard of work, they won’t be.

Your last recourse is the small claims court. Get a surveyors report to support your case and tell the builder that unless he’s prepared to fix the defects, you’ll take him to court and reclaim your costs. Often this is enough to get things moving. I suspect that all of the problems are fixable – trenches can be topped up, additional screeding to reverse the slope in the carport and Caberdek flooring can be lifted and relayed.

Mike Hardwick (Build It expert)

10 February 2017

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