From time to time one is reminded of the sage words of the
18th century English writer and poet John Ruskin.
Ruskin was well known for making what in our modern world
might be referred to as “one-liners” but whereas the modern 21st
Century version is commonly made by entertainers of the comedic variety,
Ruskin’s were more often than not attuned to the mindset of the (as we might
view it) typically staid, God-fearing Victorian – possibly as a result of Ruskin’s
upbringing which was largely influenced by his Mother, a devout evangelical
Protestant.
I was reminded recently of one of John Ruskin’s more frequently-repeated
quotations which was:-
“There is scarcely anything in the
world that some man cannot make a little worse, and sell a little more cheaply.
The person who buys on price alone is
this man's lawful prey”
Applications for approval under the Building Regulations may
be made either under:-
§
A
“Full Plans Submission”: Where detailed
architectural drawings are submitted for checking and approval before the work commences – this can
take up to 8 weeks in some cases, or;
§
A
“Building Notice”: Where the works can
potentially commence on site two working days after submission of the “Building
Notice” and detailed plans are commonly not required
NB: The Building Notice was brought in
as a means of enabling householders to have minor
alterations (new door openings and the like) carried out without the need to
incur the disproportionate cost of architectural plans and specifications being
prepared beforehand.
The case which brought this to our mind was in regard to a loft
conversion project at a domestic property where, in order to “save costs” the
householder had agreed to the builder’s suggestion that the work be carried out
under a “Building Notice” application to the Local Authority rather than making
a Full Plans Submission for Building Regulations Approval. The builder had proposed this method as a
means of saving the cost of the architectural plan-drawing service (which he
told the client was “unnecessary” anyway) and also presumably, to cut out the 3-6
weeks that it would probably take to have the plans checked and approved.
This was all well and good, except that:-
o
There
was no agreed scope for the works – either in the form of a detailed
specification or even drawings depicting what the finished conversion would
look like
o
The
builder had provided a “quote”, but because there were no drawings or
specification documents, there was no means of establishing precisely what had
been included and perhaps just as importantly, what had been excluded from the price the builder
quoted to the Client (the builder’s quotation letter was pretty vague in that
regard, also)
o
There
was no “pre-agreed” detailed specification that was expected would comply in
all respects with the Building Regulations
The whole project ground to a halt when the builder
presented the client with a quotation for the additional cost of materials and
labour due to “improvements” in certain aspects of the work. These “improvements” turned out in fact to be
necessary only because the builder was not aware that the part of the Building
Regulations dealing with thermal insulation had been superseded by a new
document some months prior to the work commencing. Thus, all of the thermal insulation that had
been installed to the ceiling and walls of the loft rooms – much of which had
already been covered over by plasterboard and skim finish – was of insufficient
thickness to satisfy the then-current requirements. The claim was not just for the extra
thickness of insulation, but for renewing the plasterboard and skim finishes
and, for re-installing all the other fittings (door/window architraves,
radiators, electrical sockets, light fittings and so on).
The client thought that he had agreed a fixed price with the
builder for “the project” and so one can imagine his response when the builder
presented him with a further quotation for in excess of £1,600.00! In fact, we calculated that the additional
cost of using the correct thickness of insulation materials in the first place
would have amounted to just £70.00 for the whole project.
Not surprisingly, the client refused to pay this extra
£1,600 to the builder – who promptly “downed tools” and vacated the site
stating that the client was being “unreasonable”. The client was then left with a
partially-finished attic room that remained non-habitable and with the prospect
of either kow-towing to the builder’s demands for extra money or else, paying
another builder to step in and finish the job – probably at similar cost to
that quoted by the first builder.
Alternatively, the client could of course sue the builder for this cost,
but without a pre-agreed drawing or specification determining the precise scope
and extent of the works, such legal action could potentially prove to be
fruitless and expensive.
We were asked (by the client’s solicitors) to provide a
professional opinion on the situation and upon inspecting the work completed thus
far, we identified in addition to the thermal insulation issues, a number of
other items of defective workmanship that we could not in all honesty advise
the client should be left untreated. In
all, we estimated that the total cost of rectification works to bring the
project to satisfactory completion would be in the range £4,000 to £5,000 or
thereabouts (dependant upon what other defects might be uncovered as the
rectification works progressed).
At this stage, the client had paid the builder all but the
final £1,500 of the agreed sum for the whole project and so he was likely to be
considerably out of pocket.
The problem as we see it is that in our modern age there is
an ever-increasing emphasis (for example via price comparison websites and the
like) upon getting “the best price” for a product or service. Too many people however, still confuse “best
value” with “lowest price” and in some instances, the two are mutually
incompatible.
We took the view that at that stage that it might be rather
cruel to repeat John Ruskin’s “words of wisdom” to this particular client, but
they nevertheless ring true and in a similar vein, the same author also wrote:-
“It's unwise to pay too much,
but it's worse to pay too little. When you pay too much, you lose a little
money - that's all. When you pay too little, you sometimes lose everything,
because the thing you
bought was incapable of doing the thing it was bought to do. The common law of business balance prohibits paying a little and getting a lot - it can't be done. If you deal with the lowest bidder, it is well
to add something for the risk you run, and if you do that you will have enough to pay for something better.”
bought was incapable of doing the thing it was bought to do. The common law of business balance prohibits paying a little and getting a lot - it can't be done. If you deal with the lowest bidder, it is well
to add something for the risk you run, and if you do that you will have enough to pay for something better.”
Wise words, indeed……
John Ruskin
(1819-1900)
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