Can i name and shame cowboy builder

Ginger83 · 18-06-2019 10:21PM #1

Is there much he can do

Darc19 · 18-06-2019 10:23PM

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 · 18-06-2019 10:24PM

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 · 18-06-2019 10:31PM

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 · 18-06-2019 10:43PM

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 · 18-06-2019 10:43PM

Its not about the money

Ginger83 · 18-06-2019 10:52PM

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 · 18-06-2019 11:04PM

Have you consulted a solicitor?

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

Ginger83 · 18-06-2019 11:19PM

notharrypotter wrote: »

Have you consulted a solicitor?

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

pm'd you

mickdw · 18-06-2019 11:23PM

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 · 18-06-2019 11:33PM

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 · 19-06-2019 11:00AM

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 · 19-06-2019 07:50PM

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 · 19-06-2019 07:52PM

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

Small Wonder · 19-06-2019 07:55PM

coylemj wrote: »

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

There's spur marks on the grand piano.

P2C · 19-06-2019 08:17PM

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

19-06-2019 08:26PM

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 · 19-06-2019 09:12PM

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 · 19-06-2019 09:42PM

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 · 19-06-2019 10:19PM

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

Ginger83 · 19-06-2019 10:27PM

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 · 20-06-2019 09:12AM

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 · 20-06-2019 09:17AM

Ginger83 wrote: »

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

So, what happened?

20-06-2019 09:21AM

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 · 20-06-2019 11:11AM

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 · 20-06-2019 11:34AM

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 · 21-06-2019 02:04PM

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.

21-06-2019 05:51PM

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 · 21-06-2019 06:03PM

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 · 21-06-2019 06:22PM

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 · 21-06-2019 08:30PM

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

Can i name and shame cowboy builder

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