Can i name and shame cowboy builder

Ginger83

Is there much he can do

Darc19

He can sue you for defamation if you do not have absolute and verifiable proof of what you are saying.

Small claims court best option if the issue is worth under €2k

Elemonator

He could sue you for defamation of professional character. You would need to prove it is true with verifiable evidence for a defence against this.

Ginger83

Darc19 wrote: »

He can sue you for defamation if you do not have absolute and verifiable proof of what you are saying.

Small claims court best option if the issue is worth under €2k

Can i explain to public about our nightmare build

notharrypotter

Ginger83 wrote: »

Can i explain to public about our nightmare build

Not in a way that identifies the builder either directly or indirectly.

Did you engage either an engineer or an architect to supervise the project?
Did you have a building contract with the builder?
Who drew the plans.
Did you have a proper tender document listing everything to be provided?


There is a difference between justice and law.

If you wish to pursue the aledged cowboy you must prove that what was done either did not conform with the agreed tender document and or construction agreement.
Or is not in compliance with building regulations.

This will not be cheap.

Ginger83

Its not about the money

Ginger83

notharrypotter wrote: »

Not in a way that identifies the builder either directly or indirectly.

Did you engage either an engineer or an architect to supervise the project?
Did you have a building contract with the builder?
Who drew the plans.
Did you have a proper tender document listing everything to be provided?


There is a difference between justice and law.

If you wish to pursue the aledged cowboy you must prove that what was done either did not conform with the agreed tender document and or construction agreement.
Or is not in compliance with building regulations.

This will not be cheap.

Unfortunately we made the mistake of allowing our builder to be architect, engineer, builder and project manager but we would have a lot of proof as to what went on.

notharrypotter

Have you consulted a solicitor?

Not someone wet behind the ears but someone who has some experience.

Ginger83

notharrypotter wrote: »

Have you consulted a solicitor?

Not someone wet behind the ears but someone who has some experience.

pm'd you

mickdw

Ginger83 wrote: »

notharrypotter wrote: »

Not in a way that identifies the builder either directly or indirectly.

Did you engage either an engineer or an architect to supervise the project?
Did you have a building contract with the builder?
Who drew the plans.
Did you have a proper tender document listing everything to be provided?


There is a difference between justice and law.

If you wish to pursue the aledged cowboy you must prove that what was done either did not conform with the agreed tender document and or construction agreement.
Or is not in compliance with building regulations.

This will not be cheap.

Unfortunately we made the mistake of allowing our builder to be architect, engineer, builder and project manager but we would have a lot of proof as to what went on.

I'd say walk away. If you didn't specify professionally what was to be done, he will surely just argue that work completed is as agreed.
You only really have a case if the workmanship is clearly defective but even in that case, without professionally produced construction details, it might be hard to nail him down.

Ginger83

mickdw wrote: »

I'd say walk away. If you didn't specify professionally what was to be done, he will surely just argue that work completed is as agreed.
You only really have a case if the workmanship is clearly defective but even in that case, without professionally produced construction details, it might be hard to nail him down.

Thermal images show roof left uninsulated, rads fitted 60% too small.

coylemj

I suppose some would call him incompetent rather than a cowboy. Did you find him by word of mouth or what made you decide to give him the work?

Ginger83

coylemj wrote: »

I suppose some would call him incompetent rather than a cowboy. Did you find him by word of mouth or what made you decide to give him the work?

He's local, same parish. Didn't think he'd **** on his own doorstep.

Hoboo

Don't worry about defamation. Near impossible to prove unless in the public eye/makes headlines and costs a bloody fortune.

Small Wonder

coylemj wrote: »

I suppose some would call him incompetent rather than a cowboy.

There's spur marks on the grand piano.

P2C

Is he registered?
Did you pay him cash ?
Have you confronted him and what did he say ?
Get a engineer/ building assessor to do a detailed report on the defective workmanship and go to small claims or court

Sleeper12

Ginger83 wrote:

Can i explain to public about our nightmare build

Yelp review, Google review, trustpilot review, Facebook review etc. If he has an online presence you can leave honest reviews

notharrypotter

Sleeper12 wrote: »

Yelp review, Google review, trustpilot review, Facebook review etc. If he has an online presence you can leave honest reviews

If the OP gets an INDEPENDENT expert to certify the issues and takes a case against the builder and wins then they can post this wherever they want.

Otherwise the builder can legitimately request the above sites to remove the OP,s postings.
Boards.ie would probably operate a similar policy.

The OP needs to take their proofs (post 7) and go to a solicitor to see if there is a case to answer.
The nature and cost of remedial works would have to be qualified.

While many are suggested the small claims procedure unless it's a very small job the cost will be well north of €2000.

There is no independent building control as such in Ireland.

Many people, just like the OP, trust their builder implicitly.
They see the need to hire an Engineer or Architect to oversee the project as an unnecessary waste of money.

Often this works out, but when it doesn't it's a mess.
Remedial work for something that is already constructed can be messy and expensive.

K.Flyer

Ginger83 wrote: »

He's local, same parish. Didn't think he'd **** on his own doorstep.

It happens. I know a builder who built a conservatory for his neighbour a few doors down.
There were several inches difference in height from one end to the other resulting in a tilt in all the windows and door frames. It looked terrible.

Ginger83

So i'm ok as long as i can back up what i say?

Ginger83

K.Flyer wrote: »

It happens. I know a builder who built a conservatory for his neighbour a few doors down.
There were several inches difference in height from one end to the other resulting in a tilt in all the windows and door frames. It looked terrible.

Jesus

coylemj

Ginger83 wrote: »

So i'm ok as long as i can back up what i say?

Depends on how you propose to 'name and shame' him. You can't do it here because the mods will remove his name the minute you post it.

If you want to drop leaflets around the neighbourhood, that's your business. There is a defence to a suit for defamation known as the 'defence of truth' whereby if you stick to facts which can be proved, you have nothing to worry about. The risk in this situation is that you stray into commentary that could be judged to be intemperate or vindictive or not based on objective judgement and that's where you could be exposed.

realdanbreen

Ginger83 wrote: »

So i'm ok as long as i can back up what i say?

So, what happened?

28064212

Ginger83 wrote: »

So i'm ok as long as i can back up what i say?

So long as you are willing to defend your statements in a court case, which is quite a different proposition. You can probably 'back up' a statement like "XXX is incompetent". Can you prove that statement in a court of law?

In a defamation case, the burden of proof is on the person making the statement. The plantiff only has to prove that the statement was made, and that it injured their reputation.

mickdw

K.Flyer wrote: »

It happens. I know a builder who built a conservatory for his neighbour a few doors down.
There were several inches difference in height from one end to the other resulting in a tilt in all the windows and door frames. It looked terrible.

You say 'builder' but in that case, they were clearly not. I cannot even grasp how bad or clueless someone would have to be to end up with something like that.

K.Flyer

mickdw wrote: »

You say 'builder' but in that case, they were clearly not. I cannot even grasp how bad or clueless someone would have to be to end up with something like that.

Out of curiosity, I checked before posting and he is still in business with a website and reviews etc.
The fault may have been more to do with the people he had working for him and he wasn't keeping a close watch on the detail himself.

BattleCorp

K.Flyer wrote: »

Out of curiosity, I checked before posting and he is still in business with a website and reviews etc.
The fault may have been more to do with the people he had working for him and he wasn't keeping a close watch on the detail himself.

He employed them. The buck stops with him.

Dav010

Rads too small and roof not insulated?

Did you agree on spec for rads before build and is there regulations on rad size, or is it just guidelines?

In relation to roof insulation, is this a conservatory where plaster board was placed over it and the ceiling plastered?

Samuel T. Cogley

Hoboo wrote: »

Don't worry about defamation. Near impossible to prove unless in the public eye/makes headlines and costs a bloody fortune.

LOL

K.Flyer

Ginger83 wrote: »

Thermal images show roof left uninsulated, rads fitted 60% too small.

What information are you using to say rads are too small?

ganmo

Be crafty with your language
Eg would a competent builder do x?