Case Study

Complaint

The buyers claimed there were numerous snags following completion as well as more serious problems and that damage had been caused during remedial works carried out by the builder.

The buyers also claimed they were “failed repeatedly” by the builder’s contractors missing appointments and stated the builder had ignored written complaints and not followed its complaints procedure.

The buyer requested an explanation, an apology and £15,000 in compensation.

Defence

The builder said it had taken accountability and apologised for the defects at the property. They felt the number of versions of snagging lists provided by the buyer had led to confusion and delays and that it offered to meet to produce a final snagging list.

The builder added that they tried to reach an amicable resolution and offered a settlement which was rejected by the buyers.

The builder also claimed it had an accessible after sales service and a system in place for dealing with complaints and did not accept it had departed from its complaints procedure.

The adjudicator’s findings

The adjudicator found that while the builder had complied with some of its obligations to provide an accessible after-sale service, it had not treated the buyers with respect in relation to the missed contractor appointments, remedial works carried out with materials left behind and damage caused to the property.

In relation to complaint handling, the adjudicator found that despite some delays in the process, the parties were engaged in meaningful dialogue in attempts to settle and felt it was reasonable for that approach to be explored by the parties while going through the complaint process.

Decision

The claim succeeded and the builder was directed to pay £450 for inconvenience caused and to apologise for the breaches of the Code.

Learning points

For buyers:

  • Be clear in your requests for remedial works and redress. Where there are multiple issues, creating and updating a single document containing all requests can help both parties keep track.
  • Ask for information and responses to queries in writing to avoid misunderstandings.
  • Keep notes of all conversations and meetings with your builder/agent and ask them for written confirmation of any promises or clarifications made.
  • Adjudicators can only make awards in relation to quantified remedial costs plus limited compensation. When making a financial claim, be sure to back up your request with quotes or other evidence.

For builders

  • Simply having a complaints process in place and providing this to your buyer does not constitute good customer service. Communication is key and you should keep your buyers informed throughout the process.
  • The Code sets out timescales for dealing with complaints, but if you need further time to resolve a matter explain this to your buyer and the reasons why.
  • Remind contractors of the service standards you expect when liaising with your customers and completing remedial works on your behalf
  • If handled correctly, your complaints process can enhance your customer service and create a positive outcome.

Adjudication Case HOME006643

Tags

Complaints handling, After-sales, Snagging, Remedial works, Damage

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