Dispute: Complaints process and issue with windows
News
The home buyer’s complaint
The buyer complained that the builder did not respond when they tried to make contact, refused to replace some scratched windows and refused to accept liability.
The buyer asked for an apology, an explanation and compensation of £5,894.
The builder’s defence
The builder denied liability as the scratches occurred after the buyer had occupied the property. However they did arrange for a professional to polish out the scratches but this was refused by the buyer.
Independent adjudicator’s findings
The adjudicator found that the builder did not provide a copy of its complaints procedure and had not fairly and completely considered the buyer’s complaint, having based their response on incorrect assumptions. As such, it had not resolved the buyer’s issue and was therefore in breach of sections 4.1 and 5.1 of the Fourth Edition of the Code.
Decision
The claim succeeded and the builder was directed to arrange for an inspection and report of the windows by an appropriately qualified professional and take remedial action based on the findings of that report as to whether the windows required replacement or polishing.
The builder was also required to pay compensation of £300 to the buyer for inconvenience.
Learning points
For buyers:
- Your builder should provide you with a copy of their complaints process together with relevant contact details and timescales for response. Ask your builder if you haven’t received this.
- Under the fifth edition of the Code, builders are also required to publish their complaints procedure on their website.
For builders:
- Providing good customer service doesn’t stop at simply having a complaints process in place.
- Explain to your buyers what the service covers and who to contact, as well as the timescales within which they should expect to receive a response and stick to those timescales. If you need further time to investigate a matter explain this to your buyer and the reasons why.
- Ensure you have all the correct information at hand and keep your buyer regularly updated. If handled correctly, your complaints process can enhance your customer service and create a positive outcome.
Adjudication 117210992
