Dealing with Tradesmen

There is always a lot of press about how people have had a bad experience with a ‘rogue tradesmen’. Following some simple steps can help reduce the likelihood of this happening. Remember the majority of tradesmen want to do a fair and honest job because this will generate word of mouth referrals for them.

Choose the Right Tradesman

The first step to building a good relationship with your tradesman is to choose the right one! Before you even start the job make sure you take the time to compare your local builders, painters, plumbers etc. Using the services of xpertfind.com can take the hassle out of finding and comparing the tradesmen you need. By registering your job with xpertfind you are ensured that the selected tradesmen match your criteria, are local to your area and want to do your job. You can then go on to review prior customer feedback on them. You have all their contact details as well as detailed information on their skills and qualifications. You may want to review Choosing the right Tradesman to help you in the initial selection or even more specific content such as Choosing a Carpenter or Choosing a Roofer which will provide you with some tips on ensuring your get the right tradesman for you.

Put the job in writing

A written contract is the first step to creating a good working relationship with your tradesman – this is after all a business arrangement. Having something in writing helps reduce the possibility of a misunderstanding between you and your tradesman. You can, of course, use your judgement in this matter – raking leaves in your garden is different from building a conservatory for you and wouldn’t need so much paperwork. You must ensure that your business arrangement with your tradesperson does not leave you exposed. For any expensive job, we recommend you get the following in writing:

• Job description, and phases to the job if any (such as preparation work or post job clean-up)
   
• Start dates and completion dates, including working hour arrangements
   
• Job estimates, broken down by materials and labour, inclusive of VAT (if applicable)
   
• Payment phases, including down payments, progress or satisfaction levels and payment methods
   
• Post-job guarantees and job defect resolution processes
   
• You should also note down the VAT registration number and insurance details of the tradesperson

What if I have nothing in writing?

Even if you have nothing in writing, remember that you are always protected by three statutory terms:

Reasonable care and skill
The tradesman is expected to act with ‘reasonable care and skill’. If he does not, you may be entitled to terminate the contract and either pay nothing further or seek to get your money back through the courts. Where substandard work has been carried out, and this has caused further damage, you may pursue a claim for damages.

Reasonable time taken
The tradesman is expected to carry out the work within reasonable time even if a particular timeline is not mentioned in your contract. If progress is unreasonably slow, you would be able to give reasonable notice, providing a deadline at some reasonable point in the future. If this timeline is not met, then you would be entitled to terminate the contract.

Reasonable cost
The expectation is that the tradesman will charge a reasonable price. However, in certain situations where a price cannot be determined in advance and an unreasonable price is imposed subsequently or under duress (for example, during an emergency heating or electrical problem), you may have no option but to pay up. However, make clear your objections at the time of paying in writing on the relevant documentation (even on the cheque you are using to pay), so that you can take action at a later date. You can then follow this up with an immediate letter to the organisation concerned to dispute the price you were charged.

How should I set up the payments?

When discussing paying your tradesman you should try to pay the money in stages – a good rule of thumb is to reserve at least 30% for payment post-completion.

Never pay cash as a deposit. You may be required to pay a deposit for ordering specific goods and components – this should be fine, but insist on receipts so that you can check for yourself.

Consider using a credit card if the Tradesman is able to accept one – often, these have built-in protection in the form of refunds especially on goods above a certain value.

What if costs are higher than original estimates?

This sometimes does happen, typically due to unforeseen work – your roof may be leaking, but fixing it may require something else that wasn’t originally anticipated. Have specific progress reviews with your tradesman throughout the project, particularly if it is a large job, and ask if there are any problems or unforeseen issues that have arisen that may change the overall cost. When faced with a higher bill than the estimate, it is important to understand whether the tradesman could have anticipated the issues and flagged them to you either when providing the initial estimate or throughout the project. If the costs have gone up by an unreasonable amount and you consider you have been overcharged by the tradesman, you may choose not to accept these.

If it turns out that more work is needed as required by law or regulations (e.g. a fire escape to be installed, or adjustments made due to building control requirements), the tradesperson will be able to recover these additional costs from you. If however, they are way out of proportion from the original estimate, you can argue they could and should have been reasonably foreseen by the supplier, and bring a case for misrepresentation.

A good way of ensuring that your costs are under control is to request a sign-off for every item/piece of work that is outside the original estimate. Above all, keep talking to your tradesman- this way you avoid any nasty surprises!

What to do if the work is half done, but substandard?

Let’s say you are having your kitchen fitted and you are paying in 3 instalments. If the work is substandard after the first instalment, you can sever the contract and separately pursue monies paid by you and further costs incurred in setting the situation right. Sometimes, the tradesman will offer to redo the work. A reasonable response may be to agree, as long as it can be done ‘in reasonable time’. But if you have lost total faith in them you may choose to not use them to complete the job.

It is always advisable in large jobs to take photographs throughout the project and maybe even keep a diary which can all be used as evidence should a dispute arise.

Who can help me sort through a dispute?

Many trade bodies representing firms such as builders will offer a dispute resolution service which can be significantly cheaper and easier than formal litigation. It is therefore, preferable to choose a builder or tradesman accredited by a trade body, association or guild.

If you are in dispute with an organisation or an individual and wish to recover specific sums of money you feel you should not have paid, then you can issue a claim at County Court level against that individual or firm. If the claim is for less than £5000 (or £1000 or less if the claim is for personal injury or housing disrepair) then the small claims system is set up for you to use cheaply, quickly and easily, without the involvement of lawyers or other legal professionals. For claims over £5000, you will be referred to the fast track or multi-track. Please note, this only applies to England and Wales.