CONSUMER PROTECTION IN THE CONSTRUCTION FIELD
How to act to the consumer if the repair work was performed poorly? Or if you bought a home that has significant drawbacks? Or if the contractors refuse to carry out construction orders within the stipulated period? What rights does each consumer have in such and similar situations?
Unfortunately, today quite often ordinary consumers have to face such difficulties in relations with manufacturers, sellers or contractors in the construction industry. However, not everyone knows how to act in such situations, because it is really difficult to understand the confusing legislation and ambiguous case law, gaps and problematic aspects.
Remember : if you order construction at your own expense, or buy repair services, you act in this regard as a consumer, and therefore you are covered by all guarantees and rights under the Law of Ukraine "On Consumer Protection":
If you find shortcomings in the construction / repair work:
You as a consumer have the right to demand at your discretion:
a) gratuitous elimination of shortcomings in the work performed within a reasonable time,
b) re-execution of this work;
c) a corresponding reduction in the price of work performed (services provided);
d) compensation for damages, if the elimination of deficiencies is carried out by you, or with the involvement of third parties;
e) if the identified defect is significant, you can even demand termination of the contract and compensation for damages.
- If the executor did not start fulfilling the obligations under the contract in time or performs work so slowly that it becomes impossible to finish it in due time:
You have the right to withdraw from the work contract and claim damages.
However, it should be remembered that according to the Law, the consumer has the right to terminate the contract only in respect of part of the work if the contractor has already done more than 70% of the total work.
In the event that the contractor is unable to perform the work under the contract:
As a consumer, you are entitled to a penalty of 3% of the cost of work for each day of delay. In this case, if the cost of work is not determined, the contractor pays the consumer a penalty of 3% of the total order value.
It should also be noted that the payment by the executor of a penalty (penalty) established in case of non-performance, delay in performance or other improper performance of the obligation does not release him from the performance of the obligation in kind.
- If during the performance of works (provision of services) there is a need for additional works (services) that were not provided by the terms of the contract:
Remember that in such cases, the contractor must obtain permission from you to perform such work. Any additional work without your consent does not create any obligation for you to pay for it.
As you can see, the current legislation does provide a range of guarantees to ensure consumer rights. In any of the above cases, you can and have a great chance to restore the violated right and compensate for the damage.
At our legal center, consumer advocates will help you at all stages of this process. If you have any questions and for a consultation, please call or write your questions just now in the CHAT!