SINKY WINKY
‘It’s like Teletubbyland,’ homeowner says after garden SINKS & is left with mounds – as she wins £8k from builders
Scroll down to find out how to complain if you're a victim of builders
A HOMEOWNER whose artificial lawn was left looking like 'Teletubbyland' by builders has been awarded £8,000 in compensation.
Val Starbuck said her £10,000 garden has been left "virtually unusable" by the company she hired to lay down her new 100 m2 turf.
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The 64-year-old was originally impressed with the firm's handiwork, however, dips started to appear on the lawn just one week after completion at her home in Wroxall, Isle of Wight.
A small claims court heard while a mole was the culprit for the original lumps, the work by firm Kositoes was not up to scratch and it would have eventually "lost its 'trueness" anyway.
Ms Starbuck said she has now been left with a "dangerous" garden that "gives way underneath you" and is still "worse than ever".
She took the company's director, Robert Briggs, to court, where a judge awarded her £8,000 for the project that was "not carried out to a high standard as promised".
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The court heard Ms Starbuck - who represented herself - paid Kositoes £10,000 for her lawn which was completed in July 2021.
She was initially "delighted" with the result, even signing a document saying she was satisfied but noticed lumps appearing in the back garden just a week later.
But Ms Starbuck then needed pest control to sort her mole problem and Kositoes revisited on a few occasions, but nothing was resolved and parts of the garden started sinking.
She argued the mole would not have caused as much damage had the work been carried out to a 'proper standard' - which Mr Briggs said was "totally incorrect".
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The court heard from expert witness, James Firth, who has 40 years' experience in the landscape industry and inspected the back garden.
He said it "presented well" but the depth was "too shallow" which meant it had sunk and there were 'constructional inadequacies'.
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Even if the mole had not come into the garden, the surface would have eventually lost its "trueness" anyway, he said.
Mr Firth said it is considered good practice for an artificial lawn to have a membrane laid underneath, but this wasn't done by Kositoes.
He said this would have made it "more difficult" for the mole to get through, to which Mr Briggs asked: "Are you aware moles can dig through concrete?"
Summing up proceedings, Deputy District Judge Palacio said the mole's presence prompted Ms Starbuck to investigate and find that the "whole project had not been carried out to a high standard as promised".
She agreed that had works been done to the required standard, "it was more likely than not" the damage wouldn't have been as bad or there would've been no mole problems.
She ruled in favour of Ms Starbuck, awarding her £8,000 plus additional costs.
A counterclaim from Mr Briggs to be recompensed for remedial works was dismissed.
'WORSE THAN EVER'
Speaking afterwards, Ms Starbuck, revealed the garden was still "worse than ever" despite the conclusion of court proceedings.
"I haven't been able to use large parts of the garden because it's far too dangerous, it's dangerous, it just gives way underneath you," she said.
"They just didn't do it properly at all.
"It's just a mess, it's all falling apart.
"It looks a bit like Teletubbyland."
She said while the mole had 'started the process' the sub-base layer 'wasn't done properly' and led to further deterioration.
"It's been a mess from the start," she added.
"It has taken nearly three years - it's been a long, hard slog.
"It's been quite an ordeal for me.
"I just don't want anybody else to have to go through what I've had to go through."
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On whether the court case finishing offered closure, she said: "Not at all.
"What I now have to do is get all this rubbish taken away and start again with someone else."
How to complain if you're a victim to shoddy worksmanship
If you've fallen victim shoddy worksmanship here are few steps you can take to lodge a complaint and hopefully get it resolved.
Steps to Complain
- Document Everything:
Take detailed notes of all interactions with the builder, including dates and times.
Photograph the work done, especially any issues or unfinished areas.
Keep all written communication such as emails and texts.
- Contact the Builder:
Attempt to resolve the issue directly with the builder.
Clearly outline your concerns and what you expect to be done to rectify the situation.
Send a formal complaint letter if direct communication does not yield results.
This letter should have precise information on the problems and your expectations.
- Seek Help from Trade Associations:
If the builder is a member of a trade association (e.g. Federation of Master Builders, National Federation of Builders), file a complaint with them.
- Seek Legal Advice:
Consult a solicitor specialising in construction law for advice on your rights and potential legal actions.
Check if you have legal expenses insurance and part of your home insurance policy.
- Small Claims Court:
You can take the builder to the small claims court if the dispute is under £10,000.
This process is relatively straightforward and does not necessarily require a solicitor.
How to Protect Yourself
- Research
Check the builder's credentials, reviews and previous work.
- Get Multiple Quotes:
Obtain at least three quotes for comparison. Avoid the cheapest option if it seems too good to be true.
- Written Contracts:
Always insist on a written contract detailing the scope of work, costs, and timeline.
Ensure the contract includes a payment schedule tied to milestones.
- Payment Terms:
Avoid large upfront payments. Pay in stages as work progresses.
- Insurance:
Ensure the builder has proper insurance, including public liability insurance.
- Permits and Regulations:
Verify that the builder obtains all necessary permits and adheres to building regulations.
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