Property Care Association - Contractor not accepting responsibility for issue
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Are there any circumstances that should be taken into account such as issues being outside of scope? If there is then your discussion with the builder should take this into account. If not are there any reasons as to why the contractor or not taking responsibility for the issue? Are you holding back any retention payments as you can refuse to pay these if the work is not completed. You could also consider escalation of the case to the Property Care Association.
Have you contacted contractor? Have you sent him a about these issues? Provide details of the issues and provide a reasonable timescale for resolution of the issues If you have retained monies we recommend payment is based on compleition of these issues but ensure they are reasonable. If you are expecting the works to be resolved ensure you remain calm and explain your reasons for why you feel the builder is responsible. Listen and understand the builders point of view as well and if applicable refer to your contract. Remember to keep a complete and accurate record.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 Property Care Association and TrustMark will not be able to assist in the resolution process.
- All companies in resolver are a member of the Property Care Association and therefore abide by their code of conduct.
- If the issue cannot be resolved then it can be escalated to the Property Care Association through resolver and they will assess your case.
- If the issue cannot be resolved then the case will be escalated to TrustMark for final resolution.
- 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.
If you are experiencing an issue with your contractor, the best solution is to raise your issue with the contractor when it happens. Issues can often become worse over time. If you are experiencing an issue we recommend that you record your communications so that you have a complete and accurate record of your communications for the avoidance of doubt by you or the contractor.
Has it been delivered to the specification?
If the issue is not addressed then you should dispute the cost of the specific item that you are disatisfied with. You can retain payment for this element but you should pay the rest of any invoices you receive. If the work has been delivered to the specification then you should pay the cost.
If the work has not been delivered as described then you have the right to expect the work to be delivered to the desired specification.
Has the delivered products/works been changed?
If the products used have been changed, were you informed of the change before it was undertaken and did you agree to the change. This can be simply you were told and did not object. If it was changed then it should have been changed with products of the same quality and same cost or higher cost. You should not have to pay any additional costs.
If you have not agreed a specification with the Tradesman, then it becomes tricker as you can expect the work to be of a reasonable quality and to be as described. How was the work described to you, were you given any examples to compare with as that effectively creates the definition of what is reasonable. If you were not given examples then it would be what you would expect in terms of quality based on what you have paid. For example if you shoes from a discount store the quality expectation will be less than if you had a pair made for you.
This is why it is important to have a specification to prevent debates over your expectations compared with what was delivered.
Raising your concerns
Talk to the Contractor 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 Contractor view and see if there is a reasonable compromise that can be reached. Use the friends and family test, if you explained your issue to a friend or yoyr family would they consider your approach as reasonable.
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 Contractor 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 Property Care Association. They are there to independently assess your case once you have been through the Contractors 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 Property Care Association 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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