Poor customer and after-sales service

The buyer’s claim

The buyer claimed the builder had not resolved several issues at the property and had provided a poor level of customer service.

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

The builder’s defence

The builder stated it had replaced items at the property when issues were reported and that the buyer had raised complaints after the two-year warranty period expired, but it had still carried out some works as a gesture of goodwill.

No offer of settlement was made.

The adjudicator’s findings

The adjudicator noted that the builder had acknowledged some of the issues and arranged to investigate and resolve them. However, there was no evidence that the builder had proactively contacted the buyer to discuss or provide updates or issue a proposed programme of works to address all of the issues raised.  As a result, the buyer had to chase the builder several times over a period of two years, engaging in extensive correspondence to secure a resolution.

Learning points

For buyers:

• The Code applies from the point of reservation until two years after legal completion. However, if you have unresolved issues that were first raised within the two-year post completion period, your builder is still required to resolve them.
• Keep a note of correspondence with your builder and each item you have raised. This will make it easier to track what has and hasn’t been resolved.
• Your builder should provide you with details of their after sales service and complaints process. If they haven’t, they could be in breach of the Code.

For builders:

• Although the Code typically covers buyers until two years after completion, any issues raised within that time still need to be resolved. Even if a buyer raises a new issue on the last day of cover, you are required to investigate and, where appropriate, resolve the problem.
• Keep accurate notes of every defect or concern and ensure you have responded to each one. You can still be found in breach of the Code if you only deal with 99% of issues raised.
• Follow up any remedial work in writing to confirm what action has been taken and any outstanding issues. This will make it easier to evidence that you have acted on customer complaints.