Cowboy builder recommended by local company

Serendipity1956

Hi there

I asked the estate agent that has managed our block of flats for many years to recommend a company to install central heating and another to refurbish our flat - i.e. new flooring, kitchen, bathroom etc. They in turn emailed me several recommendations - we eventually employed two of them. A Gas Safe plumber to install the brand new boiler and central heating system and a builder (who I later discovered is the girlfriend of the woman that recommended him).

The Gas Safe inspection failed miserably and that tradesman has been ordered to return to address the issues highlighted. The builder made our lives hell for ten weeks, but it was only after he walked off site that we discovered he'd done almost £7,000 worth of damage - i.e. boards between joists in the loft, oak flooring so badly laid that it's likely to blow over the summer months, fascia pulled off our brand new Bosch washing machine, holes in brand new kitchen cupboards and so much more. We have a surveyors report to confirm this, as well as a damning report compiled by the manufacturer of our oak flooring. The work done by the builder's electrician also failed an NICEIC check.

The builder's girlfriend, who works for the estate agent, has offered us £3,300 on the basis that we do not discuss this matter with any builders, companies or individuals that are associated with the builder and that we don't contact other members of staff at the estate agent regarding this issue. We are very reluctant to agree but we've had nine long months of stress and want an end to the situation. There's little point in taking this man to court as he's made sure that absolutely nothing is in his name. It's also very clear that the builder and his fellow contractors are closing ranks. I've been told that the contractors found me difficult to work for, which simply isn't true - we didn't have a cross word. But they will support the builder even though they witnessed some of his behaviour, and also to protect their own livelihoods. The contractors are also very angry that we've had their work checked.

My question is as follows. Is it possible that the estate agent is partly responsible, as under the 'Supply of goods & services act 1982' they owe us an obligation to recommend traders who are competent?

Can anyone tell me if this is correct?

I don't actually expect the estate agent to pay for the damage, but they could very easily put pressure on the builder who does a great deal of work for them, as do the other contractors. Earlier this year they emailed to say that they had used this builder for many years and have had no problems, but they said that they would now refuse to pass on the builder's name until he puts things right, which he obviously hasn't done. The estate agent continues to give him work to this day.

Thanks a lot.

P.S. When we see the builder in the local village (which is all too often) he waves and laughs at us!

Hintza

Serendipity1956 wrote: »

My question is as follows. Is it possible that the estate agent is partly responsible, as under the 'Supply of goods & services act 1982' they owe us an obligation to recommend traders who are competent?

Can anyone tell me if this is correct?

I wouldn't have thought so unless you could prove that they were in collusion etc.

It will be one one of those potential situations where you could spend £10 to get £1.:eek:

mo786uk

Hmm its a tricky one and would be very hard to argue that th recommender takes the fall for it.

You didnt pay for a recommendatio nas such fro mthe EA so they havent provided a sevice directly as such

There may be a tort such as negligence (duty of care) but it would be tough to get anywhere with it I think.

heretolearn_2

I doubt very much.

In addition check the list they sent you. To be on the safe side most companies who provide lists of 'recommended companies' are careful to point out they aren't actually recommending them, just giving you a list of local contacts.

Serendipity1956

Thanks for your replies. We've decided to settle with the builder's girlfriend. It won't cover all of the damage he's done, but it should be just about enough to make our home safe again. It's been an horrendous nine months, but time to move on..............