Choosing a contractor: don’t look back in anger

Clients should not emotion obscure the real issues that could emerge if the parties fall out, says Stockbridge Design & Build’s construction director Adeel Bhatti

So, you want to extend your house, or build a new home from scratch, and you’ve been musing on some ideas about form, function, materials and style.

You consider whether this space will be your primary place of residence. Or will it generate a financial return? Something approaching an overall budget starts to emerge from your scrawl on the back of a crisp packet.

And you can already begin envisioning how your creation will look and feel in your mind’s eye. Could it be a modern, open-plan space, full of gadgets and fluffy cushions, easy comfort and light? Just like those ambitious developments on Channel 4’s Grand Designs?

Or will it hark back to traditional design values, recreating the best from a period country cottage? Perhaps, with a big open fire to warm the occasional social get-togethers?

You begin to think this could be your opportunity to create something in bricks and mortar that reflect your values.

The thing is: dreaming is the really really really easy bit. If you’re going to make the dream come true, however, then you can delay the inevitable no longer.

It’s time to … gulp! … talk to some professionals to flesh out your germ of an idea.

Risks

And, from the moment you take that step, the first reality you’ll encounter is that, thanks to a major shake-up of the legally-defined construction project roles in 2015, you – ‘the Client’ – will immediately assume the bulk of the risks.

The fact that you face risks will not come as a surprise. But the full implications of how you, as one of the primary, legally-defined ‘Dutyholders’, might. Finding professionals you can trust and work with, therefore, should be your top priority.

“We live in an age of fear, disclaimers, litigation and insurance disputes,” said Stockbridge Design & Build’s construction director Adeel Bhatti. “All that might seem a far cry when the client is all excited about their project when choosing a builder or contractor.

“Obviously, clients will hope for the best. But they would also do well to know what happens if things go wrong; to know what the issues are and be prepared.

“They need to know that there is a legal framework that governs even the simplest of extensions, or just putting a window in or decorating. There will still be risks.”

Legal duties

Some context. Your project’s management will be framed by the Construction (Design & Management) Regulations 2015, introduced by the Health & Safety Executive (HSE).

It defines three ‘top-level’ roles that lead any project: ‘the Client’, as mentioned earlier; the Principal Designer, probably an architect; and the Principal Contractor, the person or persons charged with managing the entire construction process. For small projects, the latter two roles may be held by the same person.

Whoever else is involved in the project, all the legal duties and responsibilities around its construction reside with these three ‘principal’ roles.

A ‘domestic client’ might be an individual looking to have some work done on their own home or that of a family member.

By contrast with commercial clients – institutions and businesses – domestic clients are much more likely to be emotionally invested in their project and look for a similar investment from their contractors.

But, adds Adeel, they should not let their emotions obscure the very real issues that could emerge if the parties fall out.

“Choosing your contractors is not just a question of whether the guy can do the product well. In my time, I’ve seen loads of really good builders who have no idea about the UK’s health and safety regulations.

“If you go for a builder that’s really cheap, what short cuts is he going to take with your money. Will he cut all the services you’d get from a more professional contractor? If yes, he could be putting you and your house at risk.

“And choosing the right builder doesn’t necessarily mean going for a more expensive option. If he’s charging you £100 more a day, where is that £100 going? Is it on overheads?

“You might have a builder who is emotionally invested, but it’s only when things go wrong that there are pointing fingers. Only choose the most expensive builder if he’s putting some of that money into health and safety.”

As a primary, legally-defined ‘Dutyholder’ with ultimate responsibility for health and safety, clients should seek professionals they can trust

Foresight

Happily, the client is not the only one who wants a scheme to be trouble-free. Developments can be hassly enough without disagreements breaking out among the parties, and contractors are in the business of finishing a job, making money and moving onto the next project.

And so, client can minimise their exposure with just a bit of foresight and an understanding of the legal roles and undertakings that any development involves.

“If the fingers are pointing after someone has been hurt, then insurance and health and safety professionals will become involved to identify where the responsibility lies,” says Adeel. “And they always come at a cost – whether they visit the site or not.

“At the end of the day, every project involves risk – risks with people’s lives. Some mistakes and short-cuts might seem vaguely comical at the time, but it’s only comedy until it becomes tragedy.

“The cost of sorting things out, especially when the parties are suing each other, can be enormous. These are extreme circumstances, sure, and most projects pass off without a major problem.

“But protect yourself. Don’t shut your eyes to the world around you when one of those people you’re entering an agreement with could end up suing you.”