Association of Professional Landscapers - Poor communication
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Your rights: poor communication
If you tradesman has not kept you informed of the progress or of any issues then this can causes issues with costs or the outcome delivered. All rights information is based on the standard Association of Property Landscapers contract for works undertaken for a consumer. It is important to have a good communications with your Trademans and resolver recommends that you should speak with them every few days. If they are not communicating with you effectively then raise this issue immediately as it will only make the situation worse.
Tradesman delivered project late
If the project was delivered late and you were not made aware of the issue or did not agree to the addiitonal time, was there any any financial impact for the late delivery of the works? If there was then you could claim for the impact, however, if the delays were caused by issues outside the tradesman control such as poor weather then this is force majeure and you are not able to claim compensation for the late delivery.
Trades requesting additional payment
If there was a requirement for additional payment then under your contract this needed to be agreed in writing prior to the work being undertaken. If this was not agreed then you can dispute any claims for additional payment. This payment will cover the title to the goods, however, if you do not pay for the works at all then the materials used could be recovered by the Tradesman. It is recommended that if you have a dispute pay all of the invoice except the disputed amount as a reasonable approach.
If the tradesman has replaced the goods or materials used in the construction with others without agreeing this with you then the new materials must be of superior standard and value. If you feel that this was not communicated to you then raise this point. Ask to see evidence that the materials they have chosen are of a superior standard and value and then this will ensure you are comfortable with what has been delivered.
Did not start on time
If the Tradesman failed to commence your project when it was agreed after 10 days and if they have not commenced work then you can cancel the agreement.You should know
- Raise your issue with the company first and give them the chance to put the issue right.
- If you have started legal proceedings the Resolver, the Association of Professional Landscapers and TrustMark will not be able to assist in the resolution process.
- All companies in resolver are a member of the Association of Professional Landscapers and therefore abide by their code of conduct.
- If the issue cannot be resolved then it can be escalated to the Association of Professional Landscapers through Resolver and they will assess your case.
- If the issue cannot be resolved then the case will be escalated to TrustMark for final mediation.
- If the issue cannot be resolved, we recommend mediation of the issue as a quick and effective solution and at a fraction of the cost of legal proceedings.
Raising your concerns
Talk to the tradesman about the problem and give them a chance to put any problems right or to finish any work that is not finished.
If this has been a series of events that has leas you to complain what is the main cause and as important be clear and concise as to what you want done to resolve the issue.
Be fair and reasonable
Stay calm, even if you are angry, and give evidence and examples to support your claims. Be fair, ensure that you listen to the tradesman view and see if there is a reasonable compromise that can be reached.
Keep an accurate record
Through Resolver record your communications, phone calls and supporting documents such as photos in case the issue cannot be resolved. Remember the Resolver app allows you to record your phone calls and add photos to your take on your phone. The app is available on both Android & Apple.
If you cannot solve the problem
resolver will remind you what to do and when. The system will allow you to escalate your case if unresolved after the tradesman has been given a reasonable time to resolve the issue with you.
Independent assessment of the issue
If you are still not satisfied, your resolver case file will be sent to the Association of Professional Landscapers. They are there to independently assess your case once you have been through the trades persons complaints procedure.
It is important to note that most resolutions do not include a pay out for compensation but will require the company, if found to have failed to meet the contractual agreement or standards set by the Association to put right what is wrong.
Any assessment will be undertaken independently and will be based on the information provided by both parties.
There is no charge for the independent assessment of the case but be aware if you case is dismissed you will be made aware of why it was rejected.
Dissatisfied with the complaints procedure
If the issue is still not resolved to your satisfaction because the correct procedure was not followed or has not dealt with the issue as they said they would then you can escalate your case to TrustMark in resolver. TrustMark will look at how the case was assessed and not the original issue.
If your issues cannot be resolved by the Association of Professional Landscapers and the issue is about the complaint and not how it is handled then you should consider mediation or arbitration of the dispute. This is low cost and the focus is on providing a cost effective resolution.
Your complete case from resolver will allow the mediator/arbitrator to quickly assess your case. Resolver can put you in contact with the right parties to resolve your issue effectively.
Taking legal proceedings
The alternative is to take your issue to Court. The focus is only to take cases to Court as a last resort and you should have tried to mediate or arbitrate first. Simply going to your solicitor and sending costly letters will not help your case, the intent must be to resolve and how you have tried to have a reasoned argument rather than simply turning to your solicitor.
What if the firm is not in resolver?
resolver is adding all TrustMark members to its service as the Government endorsed standards for the construction industry. These are being rolled out across the different membership organisations.
For companies outside of TrustMark sadly resolver is not able to assist in resolving your case but we can help you find a mediator to help resolve your issues.
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