Oonagh McVeigh LLM
Deciding to carry outsome work on your property can be exciting. Whether you are planning a bathroomor kitchen refit or something bigger like an extension, it makes sense to getsome comparable quotes and some references from your tradesman and where possibleuse tradesman recommended to you by friends or family.
This should go a longway to helping you avoid employing a poor workman, but you are still notprotected unless you understand your rights and how to apply them.
First and foremost,get the agreement in writing. This should outline all the work to be carriedout, the costs involved and the deadline for completion of the job. Where thisis not clear, the standards of ‘reasonable’ will apply and what is reasonableto one person may not be to another.
You are entitled tothree statutory rights when a job is completed using labour and skill as themain elements. It does not matter if these are not in the contract or in factif there is a contract at all.
They are:
You can expect thatyour tradesman has the skill to complete the job you have contracted them to dofor you and to complete it to a reasonable standard and that they will also usereasonable care when completing the job for you. If this does not happen, yourstatutory rights have been breached and you can cancel the contract and claimyour money back. You may also need to get the poor work put right, so youshould consider a claim against the tradesman for compensation.
If the time for thetradesman to complete your job is too long or indeed they have left the jobunfinished, then this is a breach of your statutory rights. You should give thetradesman a deadline and where this is not met, they would be in breach ofcontract.
If you dispute thecost of the work completed, always say so at the time. If you don’t and you goon to dispute the cost, the tradesman could argue that he wasn’t aware and thatyou accept the price and the work because you paid.
The Doorstep SellingRegulations may apply if your tradesman visited you at home so you may haveadditional protection as a consumer under these regulations.
Get advice from aspecialist solicitor who can help you to understand your legal position anddecide how to proceed.
For more information about this articleor any aspect of our personal legal solutions, get in touch witheither Oonagh McVeigh or Joanne Moore on +44 (0) 28 9077 4500
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