Thank you to everyone who participated in our Q&A on Building Disputes. All of our answers are posted below.

Click on each link below to see our answers.

Question - Can you recommend a small building works contract to use.

Answer - Thank you for your query

Although we do not recommend any particular contract, there are small buildings works contracts available as examples in the Federation of Master Builders website. This will give you an idea of what you may want to include in a your own small building work contract which you can draw up yourself.

We hope this helps you; please be aware that the guidance we have given is limited by the information we have and should not be treated as a substitute for taking full legal advice.

Question - Mark Group Ltd in association with East Herts Council came to insulate our cavity walls about this time last year. They sent two surveyors to our property prior to work starting. The surveyors made recommendations regarding the number of technicians required and the equipment needed. The technician contaminated the whole of my ground floor with glass fibre beeds and broke 4 polycarbonate panels in my conservatory roof and many other areas of damage. They have offered us the cost of some cleaning and to complete the job for free and £200 in damages. The conservatory roof is unrepairable due the parts being obsolite. A new conservatory would cost almost £20,000. I have contacted the Mark Group on many occassions but they send me letters full of legal jargon which we find no help. We have contacted our MP but he has not responded to the last letter I wrote to him about 3 months ago expalining our position, and I have been in written contact with the local authority too but they say our issue is not with them but with Mark Group as they carried out the work.

Water pours in through the conservatory roof now whenever it rains and the winter last year was an aweful time for us. My baby son has terrible skin problems and even now still cant sit on parts of the sofa without getting a rash from the fibre glass materials which are deeply inbedded in the sofa. He also has to carry an Epipen wherever he goes as he has allergies and intolerences to many foods, materials and products.

Answer - I am sorry to hear of the problems you have experienced with the Mark Group.

Please be aware that the information set out below is on the basis that you had the direct contract with the Mark Group to complete the work.

When you have engaged a builder to do a job, you have entered into a legal relationship with him which dictated by the Supply of Goods and Services Act 1982.   The Act also says that the builder should carry out his work with reasonable care and skill (s13 of the Act). What is 'reasonable' depends on the circumstances of each case but in your particular case you would argue that reasonable care and skill was not used, and they have breached the contract.

As they have breached their contract to you, then you have legal remedies available to help rectify the situation.  This means that they should:

1.  Rectify any damage caused;

2.  Clean the property of any glass fibre.

If they do not do this, you can look to them for the cost of having a third party do it - you do not need to pay for the work in advance but would need quotes to show the loss.

In regards to the conservatory, this is a little more difficult.  On the one hand, they should put you back in the position you were and repair it - if that cannot be done then there is an argument they should replace it.  On the other hand, there is a legal defence of "betterment" meaning that you should not be put in a better position as a result of their breach (i.e. having something old replaced with new).

There may also be a claim against them under the tort of personal injury but you would need to seek specialist independent advice as this is beyond our scope of expertise.

We hope this helps you; please be aware that the guidance we have given is limited by the information we have and should not be treated as a substitute for taking full legal advice.

Question - we had a conservatory built but it leaks, the roof does not fit properly and one panel is sliding. They refuse to put it right and the cost of taking this to court was beyond us and they could then cease trading meaning we feel we have have no recourse.  What can we do?

Answer - I am sorry to hear of the problems you have experienced with conservatory roof.

Please be aware that the information set out below is on the basis that you had the direct contract with the Conservatory company to complete the work.

When you have engaged a company or trader to do a job, you have entered into a legal relationship with them which is dictated by the Supply of Goods and Services Act 1982.   The Act also says that the company should carry out the work with reasonable care and skill (s13 of the Act). What is 'reasonable' depends on the circumstances of each case but in your particular case you would argue that reasonable care and skill was not used, and they have breached the contract. If you are in Scotland then this requirement of reasonable skill and care is covered by the common law.

As they have breached their contract to you, then you have legal remedies available to help rectify the situation.  This means that they should rectify the work which has not been done satisfactorily.

If they do not do this, you can look to them for the cost of having a third party do it - you do not need to pay for the work in advance but would need quotes to show the loss. You could then recover the rectification costs through a small claim in the county court (limit £5000 in England and Wales, £ 3000 Scotland). You can get information about the small claims process in the following websites:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex302_web_0510.pdf

http://www.scotcourts.gov.uk/sheriff/small_claims/forms/What%20is%20a%20Small%20Claim%201%20December%202009.pdf

We hope this helps you; please be aware that the guidance we have given is limited by the information we have and should not be treated as a substitute for taking full legal advice.

Question - I have a written estimate (addressed to my husband Mr F Ward) on a sheet of paper which also serves as a receipt for payment in full. It is for the removal of old guttering and replacing with new guttering. The estimate was £650.00 but some rotten wood and an infestation by insects was found behind part of the old guttering. To remedy that a further charge was verbally agreed and the receipted Estimate says "Amount due including extra work agreed and VAT £1385.24" Handwritten on this is "paid in full" and signed "M.C" This presumably stands for Michael Cunningham, with whom we dealt. The full amount was paid in cash. Part of the work has proved unsatisfactory and needs re-doing. My husband has made many telephone calls to each of 3 numbers; one resulted in a man coming to see the faulty work and saying he would send someone to remedy it. Three times a date has been arranged for this but no-one has come. Many other phone calls have been answered by an answerphone machine, or not answered at all. My husband also put his complaint in writing early in July and has received no reply. I have the name and address of the firm given on the Estimate/Receipt(dated 21/02/2011)if required. Companies House have no record of the firm and nor has the Insolvency Service.

Answer - Thank you for your query

I am sorry to hear of the problems you are having with your builders.

When you have engaged a builder to do a job, you have entered into a legal relationship with him which is dictated by the Supply of Goods and Services Act 1982.   The Act also says that the builder should carry out his work with reasonable care and skill (s13 of the Act). What is 'reasonable' depends on the circumstances of each case but in your particular case you would argue that reasonable care and skill was not used, and they have breached the contract. Your remedy is to have the work rectified either by the original builders doing this at no cost to you or covering the cost of some other builder rectifying the work.

You should now get two or three quotes for the cost of rectifying the job and send this to the original builders informing them that if you do not hear from them within two weeks you will proceed to get the rectification work carried out and pursue them for the cost.

The builders you employed may not necessarily be a company but could be sole traders in which case each individual will be personally liable and you could pursue them directly.   If you have a name and address to issue proceedings you will be able to pursue the rectification costs through a small claims process if the amount is up to £5000 in England and Wales and £3000 in Scotland. The defendant in this case will typically be named as Michael Cunningham trading as and then the name and address of the firm.

We hope this helps you; please be aware that the guidance we have given is limited by the information we have and should not be treated as a substitute for taking full legal advice.

Question - I recently had a new bathroom fitted resulting in 4 sources of flooding:

1. from the cistern to the toilet

2.from the toilet outlet pipe - stack connection

3. from the pipe connection under the sink

4. from the new bath waste pipe not being connected

A substantial ammount of water penetrated the ceiling below and caused damage to ceiling, tiles, lino and we are left 10 days after the flooding was stopped with a damp smell. What is my recourse for repairs please? I am not confident about him returing to right the damage to the kitchen although the bathroom is not damaged.

Answer - Your contract with the builder, under the Supply of Goods and Services Act 1982, states the contract has to be carried out with reasonable care and skill.  If the builder caused the flooding, then he did not use reasonable care and skill and is in breach of contract.

You are entitled to have the builder return within a reasonable period of time to rectify all damage. If he does not then you can claim from him the cost of having a third party carry out the repairs.

It is always difficult to argue that you do not want the builder to carry out repairs - you would have to show a complete breakdown of trust and confidence and, if it came to court proceedings, would run the risk of having any compensation reduced.  If the works are completely beyond the expertise of the builder, then you should get him to confirm that in writing where possible.

I would advice that you write to the builder setting out:

1.  All of the problems incurred to date;

2.  All of the damage incurred to date;

3.  A list of all work that you require him to undertake, including any damage caused to the bathroom or any other part of the house as a result of the flooding;

4. Set a time-table to complete the work - do be realistic with this (say 28 days).

We hope this helps you; please be aware that the guidance we have given is limited by the information we have and should not be treated as a substitute for taking full legal advice.

Question - While Everest were working at my home, a bike was stolen. Everest said they saw some 'youths' looking into my garage and did pul the garage door down but did not secure my property until after the bike was stolen. It was a brand new bike worth £1000. Do I have any grounds on which to demand Everest pay for the bike?

Answer - The answer would be dependant upon whether they opened the garage in the first place.  If they did not, then I do not believe you could claim against them in contract; you will not be able to argue that they have to use reasonable care and skill in ensuring the whole of your property was secure, if for example, they were working at the back of the building.

It may be possible to claim in negligence if it could be shown they owed a duty of care - again, this would be dependant upon what they were doing at the property.

We hope this helps you; please be aware that the guidance we have given is limited by the information we have and should not be treated as a substitute for taking full legal advice.

Question - My plumber told me it would take a week to fit my new bathroom - 4 weeks later it is still not finished - what can I do?

Answer - When you have engaged a plumber to do a job, you have entered into a legal relationship with him which dictated by the Supply of Goods and Services Act 1982.  This Act clarifies both his and your obligations towards each other and helps you both know what to expect.

The Act states that your plumber is allowed a 'reasonable time' to complete it.  A 'reasonable time' is a question of fact and depends on the circumstances of each case but in your particular case you could argue that as a time frame was set initially, then he has breached his contract.

I would advise that you put in writing to the plumber that he must complete the work in say, 10 days, making time of the essence.  If this does not do the trick, then you should consider engaging someone else to finish the job and claim this extra cost from the plumber.   

Although the Act doesn't apply to Scottish contracts the principles are the same under Scottish common law. If you find yourself with a problem contractor, you should approach the matter in the same way as outlined above.

Question - Our builder finished our extension last year but the roof leaked. We have had a tarpaulin over it ever since. We threatened him with legal action and finally he arranged for a roofer to come and replace the tiled roof with a felt one. Just before the tiler started doing the roof, the builder said he couldn't pay for it. We have now ended up paying £1800 to have the roof tiled. We have given the builder 7 days to pay us or else take him to court, but how do we go about doing it?

Answer - I am sorry to hear of the problems you have experienced with your builder.

The first step would be to write a formal pre-action letter - this is required under the Civil Procedure Rules.

You should look at Annex A.

If there is still not response you can consider issuing proceedings in the small claims court - you can start this process online at:

We hope this helps you; please be aware that the guidance we have given is limited by the information we have and should not be treated as a substitute for taking full legal advice.

Question - Can I ask my builder for a written quote?

Answer - You should always ask for written quotes before agreeing for work to be carried out; and ask that the quote sets out the full works to be completed, the total cost and dates for the start and completion of the work.

Question - We are in the process of inviting half a dozen of Loft Conversion Specialists for a Mansard Conversion to a mid terrace 3 bed properties in Clapham.

In carefully scanning the various Website (some of which very pretentious, others with incomplete contacts information), we have learned that as a norm a 10% deposit of the estimated sum is payable on acceptance of the Estimate.

It is also our understanding to never pay a Builder up front, especially when a proper contract has been signed by the parties concerned. A payment schedule has normally been agreed either on a weekly basis or on certified completion of stipulated works.

To rephrase the question: Is a 10% deposit of estimated building costs, weeks & weeks before commencement of works, legally acceptable/unavoidable?

We are likely to employ an FMB builder and use an FMB standard contract, however some Loft specialists do not appear to be members of the FMB, in which case what contract to use, as we decided not to employ an Architect or any other building services professional as we believe we can manage best ourselves.

Answer - Thank you for query.

It is up to the parties to agree terms of payment. In so far as a company's standard terms of business require a 10% deposit then it will be in practice unavoidable . There is nothing illegal about requiring a payment in advance. It is however more comfortable for the consumer to have staged payments because if there is a problem then your potential  losses will be smaller.  You can still use  the FMB contract even if the builders are not FMB approved. However in that scenario, you may decide whether you want to include the arbitration clause.

We hope this helps you; please be aware that the guidance we have given is limited by the information we have and should not be treated as a substitute for taking full legal advice.

Question - I had a chimney re-pointed just over five years ago, when the temperature was below zero, and the mortar has started to fall out. It appears that the mortar has not bonded and that the old mortar was only raked out to about 100mm. Is it too late to claim for remedial work?

Answer - I am sorry to hear of the problems you have experienced with your chimney.

When you have engaged a builder to do a job, you have entered into a legal relationship with him which dictated by the Supply of Goods and Services Act 1982. The Act also says that the builder should carry out his work with reasonable care and skill (s13 of the Act). This means repairing the chimney to a standard that one would reasonably expect - you do not have to consider what is reasonable as you would argue that reasonable care and skill was not used as one would expect the repairs to last longer.

The Act also says they have to use materials of a satisfactory quality.

Your argument therefore would be either they have failed to use reasonable care and skill in the re-pointing and/or used materials that are not satisfactory and ask them to put right the work.  If they refuse, you can look to them for the cost of having a third party rectify.

Provided you are resident in England, you have to bring a claim to the courts within 6 years - this means 6 years from the date of completion so please be aware of that date.

We hope this helps you; please be aware that the guidance we have given is limited by the information we have and should not be treated as a substitute for taking full legal advice.

Question - We were the first occupants in our new property purchased in August 2001. In Dec 2009, following issues with our heating/hot water system, we discovered that we had a leak under the ground floor of our house. The source of the leak was a split in the copper pipework (the pipework itself not at the joints) and due to the vast level of saturation it was estimated that the water had been leaking for a number of months but had taken a long time to surface due to the nature of the stone slab flooring.

We are now about to begin the process of having the slabs relaid and resealed having finally been given a drying out certificate. The underfloor copper pipework was just wrapped in gauze and encased in concrete with the stone floor on top. We contacted NHBC at the time of the leak but were advised that faulty pipework would only be covered for 3 years.

The reason for my question is that our next door neighbours now sadly have the same problem and are currently in the process of having their entire ground floor taken up. We are in a small private development of just 8 houses which were all built at the same time in 2001 by a prestigious housebuilder and with 2 of these houses now experiencing the same problem it does seem rather more than a coincidence. NHBC have again said that this would not be covered by them but please would you be able to let me know whether there is any further course of action that can be taken elsewhere?

Answer - Thank you for your query

The purchase of property is not a consumer contract  and the  Sale of Goods Act does not apply. In addition as you have discovered you have no remedy in respect of the NHBC guarantee. You may have a negligence claim under the Latent Damages Act however you will need specialist legal advice to pursue such a claim.

We hope this helps you; please be aware that the guidance we have given is limited by the information we have and should not be treated as a substitute for taking full legal advice.

Question - My builder wanted more money for the job which I refused to give.  My new builder has told me for where the old builder was up to I am £15k out of pocket.  I contacted Trading Standards but they didn't help much and now I don't know what to do next.

Answer - Thank you for your query

When you enter into a contract you agree a job for a price. What this means is that the price can only be changed if both parties agree A typical example of this in a building contract is when the consumer adds extra jobs that need doing and agrees an extra amount for that job.

In your situation the builder has not finished the work or alternatively the work was not satisfactory and needs rectifying. I understand that the cost of this  is £15 K. Your first builder is liable for the £15K on the basis that he is in breach of contract. This is because when you have engaged a builder to do a job, you have entered into a legal relationship with him which is dictated by the Supply of Goods and Services Act 1982.   The Act also says that the builder should carry out his work with reasonable care and skill (s13 of the Act). What is 'reasonable' depends on the circumstances of each case but in your particular case you would argue that reasonable care and skill was not used, and they have breached the contract. You should write to the original builder informing him that you have  had to employ a new builder to finish the work and that as a result you are £15K out of pocket. The difficulty in this case is that the small claims court limit in England and Wales is £5000 and if you have to pursue the first builder for £15K You will have to instruct solicitors. You should therefore check whether you have legal expenses insurance to cover this type of dispute

We hope this helps you; please be aware that the guidance we have given is limited by the information we have and should not be treated as a substitute for taking full legal advice.

Question - Its not just customers of builders. I'm a one-man small general builder. I have been burnt several times by customers who change their mind after work is done or add work and then refuse to pay. What is the best way to claim back off them? Yes, detailed quotes beforehand would help, but it goes wrong when unexpected problems emerge or they 'mission creep' the job or totally change it.

Answer - Last week we carried out 23 regional radio interviews during which it was stressed that unscrupulous builders are in the minority and most disputes can be sorted out amicably.

It was also made very clear that there should always be a written contract in place before work commences as this avoids confusion on both of the part of the consumer and the builder - many disputes arise as each party has in mind different work, and we also pointed out that expectations can be too high.

Although we are very clear that consumers should not pay for all of the work up front, again it was made clear that trust works both ways - consumers want to ensure that the work is completed to a satisfactory standard, but also the builder wants to ensure that they are paid. We often advise that the best way forward for both parties is to agree a payment schedule.

Generally, any party to the contract, if breached, will have recourse through the courts if a settlement cannot be reached.

We hope this helps you; please be aware that the guidance we have given is limited by the information we have and should not be treated as a substitute for taking full legal advice

Question - My wooden conservatory was built in 2002. We were told it was pitch pine and would be relatively resistant to rot. We maintained it properly but it now has extensive rot and needs replacing. The company is in new ownership and the owners refuse to help us and say "it's nothing to do with us" as it was the previous owner who built it. We don't have a written guarantee. What can we do?

Answer - When you have engaged the company  you entered into a legal relationship with then which is dictated by the Supply of Goods and Services Act 1982.

Under the Act, the conservatory must be of a reasonable quality and if it is not, then a breach of contract occurs.  However, any claim for a breach of contract must be made within 6 months of the date of the breach - that date being the date of completion. Therefore you will not be able to pursue your claim.

If you had a guarantee/warranty and it was not honoured, the time limit for brining a claim runs from the date of refusal by the company to honour the warranty.

We hope this helps you; please be aware that the guidance we have given is limited by the information we have and should not be treated as a substitute for taking full legal advice.

Question - What is the difference between a quote and an estimate?

Answer - There is no legal definition separating the two but generally a quote will be seen as a fixed price, whereas an estimate gives you a rough idea of the costs - for standard works, you would always ask for a quote rather than an estimate.

Question - We had an extension in 2007 which included a new bathrom with shower sink and toilet the old cold water tank was not changed but added to .it did not meet the wras guidelines by having a secure fixed lid subsequently a bat got into the tank which we have only just discovered as dead bat debris has infiltrated our whole plubing system even our drinking water taps- my question is should the plumbers have changed the tank under the regulations when they did the extension and added to the tank.

Answer - Whenever you have work carried out by plumbers, all aspects of the work must be carried out with reasonable care and still. What is meant by "reasonable care and skill" is not legally defined, but in this instance, would mean the care and skill any other plumber would have used.

The question therefore is whether the plumber either:

1. Should have known about the requirements of the wras guidelines; even if not;

2.  Would have been aware of the damage that could be caused if the tank were left open.

If it had a lid, but was no secure, then again, it is whether that practice is foreseeable.

If the answers to the above are in the affirmative, then he will be in breach of contract and you can claim all losses that are incurred as a result. You may need to obtain a report from an independent plumber in order to establish whether your original plumber is liable.

We hope this helps you; please be aware that the guidance we have given is limited by the information we have and should not be treated as a substitute for taking full legal advice.