Dispute: Complaints, snagging and site safety

Case Study
The buyer’s complaint

The buyer claimed that the builder had provided poor customer service and did not resolve various snagging issues within a reasonable period, including problems with the flooring.
The buyer also raised safety concerns about roads on the development left unfinished and the builder’s contractors not parking in their designated area.
The buyer requested that the builder apologise, fix all the outstanding snagging issues and pay £10,000 for stress and inconvenience caused.
The builder’s defence
The builder stated it could not guarantee a silent floor and despite attempts to rectify the issues to the buyer’s satisfaction, had finally offered £1000 in full and final settlement.
The builder also claimed that there was no greater risk hazard in the location than there would be on a normal pavement or road junction and that as the development was ongoing, there were occasions when vehicles needed to temporarily park outside of the designated contractor parking area.
The adjudicator’s findings
The adjudicator found that the builder had provided an accessible after-sales service, had responded to the buyer’s enquiries and had made numerous visits and repairs to the home, whilst maintaining dialogue with the buyer throughout.
The adjudicator further found that the builder did its best to make the floor acceptable to the buyer and offered compensation, albeit this was refused.
The adjudicator also found it reasonable that whilst development is ongoing, the builder’s contractors may need to park in areas not specifically designated for contractor parking.
The claim did not succeed.
Decision
The claim did not succeed.
Learning points
For buyers:
- Raising a complaint under the IDRS does not guarantee a specific outcome. The adjudicator will consider whether a breach of the Code has occurred and direct redress appropriate to that breach, which may or may not include a monetary award, irrespective of whether the outcome is acceptable to the buyer.
- Any claim for compensation should be backed up with sufficient evidence in the form of quotes/estimates and other relevant information as well as any loss suffered.
- Further information is available in our blog Making the most of our Independent Dispute Resolution Scheme
For builders:
- Although the Code requires builders to have an accessible complaints process and sets out timescales for dealing with customer complaints, it doesn’t stop there. Keeping your buyers informed and demonstrating your willingness to resolve any issues are key factors in complying with the Code over and above having a complaints procedure in place.
- Good record keeping and recording in writing all conversations with your buyers will help avoid misunderstandings and potential problems later on.
- You must also tell your buyers about the health and safety precautions they should take when living on a site that is still under development, as well as the measures that you are taking to protect them.
Adjudication: HOME007085