How to avoid cowboy builders

Complaints against cowboy builders in the UK average around 100,000 each year, and more than two in five Britons have either fallen victim to a dodgy tradesperson or know someone who has, according to research by Nationwide. Almost two in five said the money paid wasn't returned, and of the 48 per cent of people who did get some money back, only one in five were fully refunded.

Citizens Advice Bureau complaints data obtained by GS Engineering via a Freedom of Information request found that kitchen and window fitters and general builders were the trades most likely to attract complaints.

Unfortunately, at face value it is not always easy to distinguish between a rogue trader and a genuine professional. However, you can limit the risks by taking your time when choosing your builder. If a friend or relative can recommend someone, so much the better, but before hiring one check to see whether the firm belongs to a recognised trade association such as the Federation of Master Builders, the National Inspection Council for Electrical Installation Contracting, or the National Association of Professional Inspectors and Testers. For gas engineers, look for a Gas Safe Register certificate, while the Painting and Decorating Association registers members of that sector.

Don’t just rely on seeing a logo: most trade associations have a directory of their members on their site. Also the government runs a scheme to identify good tradespeople, TrustMark, and checking out the firm at Companies House to see how long it has been trading and assess its financial situation, and seeing whether the builder’s insurance is up to date are further safeguards.

Secure at least three quotes, breaking down the cost of labour and materials so that the quotes can be compared more easily. Obtain a quotation rather than an estimate, as it is a firm and definite price for the job that cannot be varied, rather than just a rough guide. When you receive and accept it write on it, “I accept this quotation on the basis that it is a firm and definite price for the job.”

If you receive a quote that is considerably lower than the average and sounds too good to be true, it probably is. Even if they are not a dodgy tradesperson, it may indicate that they are not experienced enough to provide accurate figures, opening the door to problems later on. And initially making savings by opting for the cheapest quote may end up costing considerably more overall if it needs to be re-done.

Obtain an agreement in writing stating when the work will be finished, so you can claim compensation if the builder does not complete the project in the time stated.

If you subsequently experience unreasonable delays you can stipulate “time of the essence”, stating a date when the work has to be finished. If the deadline is not met you may then claim compensation for the cost of having the work done by a different company.

Avoid paying large amounts up front—and a builder asking for payment in cash is another red flag—and instead pay on completion of the work, or release funds based on an agreed schedule upon each completed stage of a job.

The agreement or contract should also define who is responsible for supplying materials and what happens if you have a dispute.

You are also protected by the Supply of Goods and Services Act in that the builder is required to carry out the work with reasonable care and skill, using materials of satisfactory quality. As long as you haven’t chosen the materials, the builder is responsible for the quality of the materials even if the fault is not his, for example if it is due to a manufacturing defect.

Unless the work is exceptionally bad, if you are not satisfied usually you should give the builder a chance to put things right, as failure to do so could lead to your compensation being reduced. If the builder does not rectify the problem he or she is in breach of contract. 

You’ll be required to provide evidence that the work is not of a reasonable standard. To do this you could ask other builders to state what is wrong with the work in writing, and when larger costs are in dispute a surveyor could be commissioned to prepare a report. Hold off hiring another builder to complete the work until you have obtained adequate written proof of the problems.

You may claim compensation from your original builder for the additional cost of using another firm to rectify things, and minor defects can usually be compensated by asking the builder to discount the work for the amount it cost to put things right. A further sum may be justified to cover any convenience you have experienced.