Cowboy Builder Reined In
Cowboy Builder, Paul Henstone, has been ordered to improve his service to customers or face prosecution.
On the 20th April 2009 Warwickshire Trading Standards Service obtained an Enforcement Order against Henstone, who traded as Rock Construction and Roofing (formerly Blackdown Construction) of Leamington Spa.
A file of evidence was presented to the court showing a catalogue of complaints from consumers and an earlier prosecution, for similar offences, by Solihull Borough Council.
Shoddy and dangerous building work, delays, demands for additional payments, damaged property, inaccurate paperwork were just some of the complaints against Henstone. Potential clients received a list of references comprising mainly members of his own family, including his partner, mother and step father.
One consumer paid over £40,000 for work to their property. Henstone never finished the job and the work that was done was deemed unsafe. A second building company had to complete the work at an additional cost of £20,000.
Various works were to be carried out on another consumers property which Henstone said would cost £25,100 and would take twelve weeks to complete. Eleven months on the job was still not finished. The consumer had paid almost £28,000 to Henstone and a further £11,500 to complete the job and rectify some work.
Described as a “Cowboy Builder” by the Judge, he also went on to say that the evidence against him (Henstone) was, on paper, overwhelming,”
Mark Ryder, Head of Trading Standards at Warwickshire County Council said: "Home improvements can amount to thousands of pounds, and the effects of having this type of work done badly can be devastating financially and emotionally to customers. This case sends a clear message that the courts take a dim view of improper building practices"
The Enforcement Order, a type of injunction, will force Henstone to:
stop breaching contracts with consumers, for example by failing to carry out work with reasonable care and skill or within a reasonable time, failing to complete work, failing to remove waste from consumers houses, demanding extra payment for work already quoted for, failing to pay suppliers and contractors, failing to hand over consumers’ electrical safety certificates and/or other documentation
stop breaching the duty of care owed to consumers, for example by damaging consumers’ properties and/or constructing building works in such a way that there is a danger of collapse once they are finished
stop misleading consumers as to the nature or price of the work done
stop making misrepresentations to consumers that he comes with good references, when in fact 2 of his referees are closely related to him
stop omitting details as to who owns the business on business documentation
If Henstone breaches this order, for example by carrying out shoddy work for consumers in the future, he can be brought back before the Court for Contempt. This means that he could face a fine, or in the case of more serious breaches, imprisonment.
Warwickshire Trading Standards Service will continue to monitor consumer complaints received to ensure that the Order is complied with.