Unhappy with building work?

If you have appointed us as contract administrators to supervise the building work on your property we have responsibilities to ensure that the work is carried out to a reasonable standard.

The contract you have signed with the builder also has safeguards over how matters should be conducted in relation to building work.

Regrettably, there are occasions where people having building work carried out in their home have reason to complain.

There are a range of different ways to complain such as being informal while on other occasions a more substantial response is required.

Informal complaint

This can be made verbally to us. In practice it is the way most problems are resolved. It allows for a relatively quick and measured response to a problem, but has the drawback that there is unlikely to be a formal record of the problem that can be referred to later if necessary.

While this is often the best starting point to deal with a concern, it is a good idea therefore to make a written note of what is said when, and to whom.

Written complaint

This method can be used in a similar way to the informal complaint, but provides a record of the problem. It is likely to result in a written response.

If you contact us then a formal complaint can be logged.

Generally complaints made via councillors and MPs are also processed through our complaints procedure.

Arbitration

The contract that you entered into with the builder as part of having the grant funded works carried out at your home does allow for a dispute or difference to be referred for arbitration.

This should only be considered if the previously mentioned complaints procedures have been exhausted.

You must also consider the fact that if you are unsuccessful in taking this action you will be responsible for the costs of arbitration, or if responsibility is found to be shared you will be responsible for a proportion of the costs.

Any cost incurred in this process cannot be paid from any grant funding. In most cases you will be bound by the decision of the arbitrator.

Either you (as employer) or the builder (as the employee) can refer a dispute to arbitration, and the appointment of an arbitrator should then be agreed.

If agreement cannot be reached you can ask the

Royal Institute of Chartered Surveyors (RICS) to appoint a suitable arbitrator.

The advantage of arbitration is that it can be used as an alternative to the final resort of initiating legal proceedings. It is quicker than going to court, and the matter is dealt with less formally.

Court proceedings
You, as the employer, can sue someone over failing to fulfil his or her duties under a contract.

You should always take legal advice before proceeding with this course of action.