Many of us will be familiar with having workmen into our homes whether it be builders or plumbers to carry out work. Given the nature of the work it is highly unusual for any of us to draw up a contract between the builders, although it is now becoming more common, usually these matters are left between text messages and phone calls between the builder whereby the terms are agreed, and the work then starts.
Our litigation team have several years of experience in dealing with cases where builders have left a property unfit for safe habitation or have carried work out on the property which is not to an acceptable standard.
Many clients are unaware that despite not having a written contact in place there is protection by way of legislation for clients who have been victims of rogue builders. Regardless of whether there is a contract or not s.49 of the Consumer Rights Act 2015 makes it very clear that in a contract for services whether this be oral or written the service provided must be provided with a reasonable level of care and skill. As a result of this, if a workman attends your property to carry out work and is negligent in the work, they have carried out then you may have a right to bring a claim against them under the Consumer Rights Act 2015. Your solicitor can work with you to obtain a report from an independent expert who will confirm whether there has been any negligent work to the property and thereafter itemise what it would cost you to put the work right. The rouge builder would then be responsible for this sum, if it is found that their service provided has fallen behind the standard expected.
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