Bob the builder?

Published 29 May 08 04:47 PM

We often get calls from members of the public who are having builders do work on their homes eg building an extension. It pains me to hear that things are going wrong and the caller doesn't know what do . For instance I had a caller who had a JCT contract they were using with a building firm and the builders had not signed the contract. Unfortunately things were now going wrong and the builders weren't doing things listed in the contract. The caller did not know if the builders/firm were RICS members.I checked their individual names against our membership database and couldn't find them. If the builders/building firm had been RICS members the caller could make a complaint I found that if the caller could check if they were members of the Federation of Master Builders (FMB) there is a redress scheme. The FMB has a useful web page called Find a Builder which helps you find a builder who's and FMB member and gives you help if things go wrong . Did you know that if you're a RICS member and you're having sticky problems with a JCT we offer our Phone a Friend helpline service ?

by Hilary

Filed under: Contract, help, answers, enquiry, enquiry service, buildings, Federation of Master Builders, complaints, regulation, builders

Comments

# Oliver St John said on June 12, 2008 17:14:

Surely a contract exists between builder and client (by offer and accepatance) even if there isn't a signature?  I think the client should have been referred to a solicitor whether the builder was part of RICS or any other regulating body?!

# Simon Evans said on June 15, 2008 19:37:

I agree with Oliver.  However, it says the caller "had a JCT Contract".  Even if it wasn't signed, a court of law is likely to find that they would assume one was in effect if it is clear in other paperwork that there was an intention to enter into one.  So the caller may effectively be covered by it anyway.

# Hilary Oakley said on June 18, 2008 13:37:

Simon and Oliver many thanks for sharing your knowledge and thoughts on this for us and giving us some extra pointers. I also directed the enquirer to contact their local Citizens Advice Bureau via their website <a href="http://www.citizensadvice.org.uk/">Citizens Advice</a> so the caller could get some legal advice. I'll let you know if we hear back what happened in the end. With this kind of enquiry we unfortunately often don't! I must say the Citizens Advice Bureau have a fabulous page on common consumer problems and how to resolve them called <a href="http://www.adviceguide.org.uk/">Adviceguide</a>.

About Hilary