LOCAL INFORMATION
13.12.2
Building / Decorating / Faulty work and damage
Extent: Jersey
Updated 24 July 2019
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Words you may need to know
Arbitration and mediation – alternative ways of resolving a dispute without going to Court
Structural - the way a building has been made
Note: For information on your statutory rights when purchasing goods and services see 13.1.0.L1
Major structural work
Complaints about major structural work can be sent to the Enforcement Section, Department of Planning and Building Services for a period up to six months after the work was completed. Telephone: 445508.
Building construction and development disputes
If you are unhappy with the work done by a tradesman you need to send a letter to him/her explaining why you are unhappy with the work. Keep a copy of the letter.
You should make an offer for the job, ie. to cover the costs of any materials that have been used, eg. paint or blocks and also include an amount for labour. Including an offer in your letter could be helpful because if the matter gets taken to Court it shows that you tried to reach a settlement.
If the tradesman does not accept this final offer he/she must file a claim in the Petty Debts Court or Royal Court in order to sue for the balance. The Court will then decide the case. If you have photographs of the work these may be useful in support of your case.
If the tradesman is a member of a local Trades Association they may be willing to investigate the complaint.
If the tradesman/company is a member of the Jersey Construction Council there is a complaints procedure. See www.jerseyconstruction.org to download a copy of the complaint form.
Another option is to consider getting advice about mediation or arbitration to settle the dispute.
Damage caused to client's property
Tradesmen must take reasonable care of their client's property but the client must take reasonable precautions eg removing or covering valuable items.
Most tradesmen carry insurance to cover accidental damage. Some household insurance policies may cover this. If insurance is not available or insufficient in your case it is possible that you might sue for compensation.
Building Inspectors
Building inspectors have to check:
- Excavation for foundations
- Concrete oversite
- Damproof course
- Drains
- Completion
- Faulty or incomplete work
After complaining in writing to the firm (keep a copy) an estimate or estimates could be obtained from other firms for making good the damage or completing the work. The original firm should also be to give the opportunity to do the work but the letter should say that the cost of the job will be recovered by going to Court.
All papers and documents about the job and the work should be kept. In larger jobs it may be worth employing a qualified building surveyor to give an opinion of the job.
Additions to bills
‘O.H.P.’ when written in a builder's account or estimate means ‘Overheads and Profits’. The amount for O.H.P. can be added as a percentage or fixed amount.
