Pave the way towards smooth construction

Many people in the Southern Cape are facing the uphill task of having to rebuild their houses or other structures after the destruction caused by recent fires. The East Cape Master Builders Assocation (MBA) provided some advice to help smooth the dealings between you and your building contractor.

The MBA acts in the interest of both its members and their clients to help ensure stability, uniformity and quality workmanship in the building industry. Ethical business practices and maintaining fair competition are priorities. They expect their members to maintain a high standard of expertise, integrity and professionalism. Small and large contractors from all sectors of the building industry can be registered as MBA members. These include civil, plumbing, electrical, painting, tiling and carpentry services and more, as well as associate members that supply goods, plant and equipment or services.

Information and assistance on a wide range of construction-related matters can be obtained from their website and from MBA branches.

The MBA offers a complaints service to help conciliate and facilitate disputes about the workmanship, integrity or professionalism of its members. Members that are found guilty of refusing to rectify a defect or upholding the association’s code of ethics, are disciplined. A customer would be well advised, therefore, to employ a contractor who is registered with the MBA.

THE NITTY-GRITTY

Maintaining a good relationship with your contractor(s) is the foundation of a successful building project. As in most walks of life, the keyword is “communication”. Communicate your expectations clearly (and courteously) to your contractor himself, not to his workers, and listen well to what your contractor has to say.

PLANNING

Your very first step is to plan exactly what you want done and the amount you can afford to spend. Be specific. Write down exactly what work is required, the type, specifications, grade of the materials to be used and quality of work finishes required.

For substantial work, obtain a detailed cost estimate and adjust your requirements to suit your budget. Employ a qualified person to draw plans, determine specifications and submit them to the local authority for approval. This applies to all building work incorporating structural alterations, except for minor alterations inside a building.

CHOOSE RELIABLE CONTRACTOR

Ensure that your contractor is registered with the necessary legal or statutory bodies such as:

Compensation for Occupational Injuries & Diseases Act (Workman’s Compensation Insurance): Ensure that the contractor has a letter of good standing to prevent you from being drawn into serious complications in the event of an accident.

Sars: Most contractors should be VAT vendors. Get references from contractors and satisfy yourself that their standard of workmanship is acceptable to you. Be aware that, because contractors are not obliged to be members of any association, they may be employing unqualified artisans. This may result in poor workmanship, delays and even non-completion.

National Home Builders Registration Council (NHBRC): Current legislation requires your contractor to be registered with the NHBRC if you are building a new house (not alterations or additions). Registration takes about five weeks. Your bank may require a certificate of registration before they make the first payment. There is a compulsory levy which the homeowner has to pay to the National Home Builders Registration Council (NF-IBRC) for a warranty. The warranty will protect you in the event of structural defects to the foundations, superstructure and roof, but not against nonstructural defects, nor will it ensure that your new home has a professional quality of finishes.

HAVE EVERYTHING IN WRITING Quotations:

Beware of unrealistically low quotations. Unscrupulous contractors may quote very low to get the work, not intending to carry out the work according to specification. They may use inferior materials, charge hidden costs as extras, or abscond after obtaining advances. The final cost often is more than the initial quotation from a reputable contractor. Get quotations from at least three reputable contractors.

Specification: Provide a detailed written description of work required or explain carefully, to enable the contractor to provide you with a detailed written quotation. A cost estimate may differ from a detailed written quotation to carry out the work. When comparing one quotation with another, make sure that they are quoting on the same written specifications and conditions. Ensure that the quotation clearly states whether the price includes VAT. Acceptance of quote and contractor: Don’t sign acceptance unless the contractor’s offer is firm, in writing, clear, covers all your requirements and is signed. Confirm acceptance of your selected contractor’s quotation in writing before the start of the work. Make sure that the agreement includes the starting date, the approximate duration of the work, the anticipated completion date, cleaning up during the work (including the disposal of waste or rubble), the order in which the contractor will proceed while on your premises and payment details.

to the contractor himself to ensure good communication.

INSURANCE

Your contractor should be insured for Public Liability and appropriate insurance should be agreed to cover damage to your building and contents.

Inform your own insurance company that you are having building work or renovations done to ensure you have suitable cover during construction.

GENERAL

If you cannot determine defects and quality workmanship yourself, employ a building consultant or architect to monitor the construction work for the duration of the contract. Agree on safe storage of tools and materials. If required, provide your contractor with water, electricity and toilet facilities. Organise, communicate and co-ordinate with your contractor and not with his workers. Instructions to the contractor should preferably be committed to writing.

PAYMENT

You should normally not be required to make a deposit before work commences or to pay workers’ wages during the contract. With fairly large jobs, interim payments on completion of certain sections may be agreed upon or specified in a contract or agreement. A request for a progress payment should be accompanied by an invoice detailing the value of the work completed.

For a small job, payment is normally made in one lump sum when the work is satisfactorily completed. Before making final payment, inspect the completed work and put your complaints or defects regarding workmanship or materials used, in writing. While it is acceptable to withhold money for defects or incomplete work, it is extremely unfair to withhold a large sum of money for minor defects.

DISPUTES

Clients have little recourse to local authorities, financial institutions and their inspectors, or municipal building inspectors for building, electrical or plumbing problems with contractors. The MBA may be unable to assist a client unless an MBSA-approved contract has been used and the above steps have been followed. The only recourse available will then be the Consumer Council, Small Claims Court, Legal Resource Centre or litigation through the courts.

For more information contact the EC-MBA on 044 873 3356, e-mail to ecmba@global.co.za or visit www.ecmba.org.za.