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Westender www.westendermagazine.com Magazine Promotion | 25<br />

Legal Matters<br />

Give me a home, where<br />

the buffalo roam<br />

Words from Donald Reid, chairman at Mitchells Roberton:<br />

In spring, our fancy often turns to thoughts of DIY. I paraphrase<br />

Alfred, Lord Tennyson who clearly never emerged, bleary-eyed,<br />

from the depths of a Scottish winter to find his home severely<br />

needing some TLC. If you don’t fancy rolling up your sleeves and tackling it<br />

yourself, the pointers below will help you avoid (and deal with) the cowboys.<br />

Home improvements are an<br />

investment. They can be expensive.<br />

If you’re instructing a contractor,<br />

chances are you’ve never used them before.<br />

Getting a personal recommendation is<br />

often not possible. A contractor might<br />

have a shiny website and score highly on<br />

mycontractoristotallyamazing.com but<br />

how do you know where to turn if things go<br />

wrong and what are your rights? Some basic<br />

planning can help avoid or resolve disputes<br />

later on.<br />

Before works start:<br />

√ Get a written quotation including details<br />

of works, costs, any consents required,<br />

arrangements for payment and dates for start<br />

and completion of works.<br />

√ Know who you are dealing with. Ask for<br />

a business address (websites and business<br />

cards often have only a mobile number). Take<br />

a note of vehicle registrations. Ask for the<br />

contractor’s bank details rather than paying<br />

cash. If this scares them off, that should tell<br />

you everything.<br />

√ Do not pay upfront. Withholding payment<br />

until certain stages of work have been<br />

completed gives you bargaining power if<br />

works are unsatisfactory. If in doubt, do not<br />

be pressured into paying your contractor and<br />

tell them you need time to take advice.<br />

During and after works, you may be<br />

entitled to compensation if:<br />

X The contractor has not carried out work<br />

with reasonable care and skill.<br />

X Works are unsatisfactory.<br />

X The contractor has been negligent.<br />

X Goods and materials supplied do not<br />

match the supplier’s description or are not of<br />

satisfactory quality or fit for purpose.<br />

X You have incurred additional expense<br />

or suffered inconvenience because of a<br />

contractor’s failure to do something such as<br />

complete works within the agreed timescale.<br />

In the event of a dispute:<br />

• Always try to resolve the matter directly<br />

with the contractor.<br />

• If the contractor fails to rectify the<br />

situation, their trade association may be able<br />

to help.<br />

• If those approaches do not<br />

work, a solicitor can help you<br />

obtain a remedy, though the<br />

courts if necessary.<br />

If Paul Neilly can help please<br />

call him on 0141 552 3422,<br />

or email pdwn@mitchells-roberton.co.uk.<br />

Mitchells Roberton Solicitors<br />

& Estate Agents<br />

George House<br />

36 North Hanover Street G1 2AD<br />

0141 552 3422<br />

www.mitchells-roberton.co.uk

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