How do you handle unreliable contractors?

From architects, interior designers and landscapers to fibre installers, marketing gurus and realtors, an estate manager will inevitably work with several contractors – sometimes several in a single day.

However, there are times when things don’t go to plan, and, depending on how your contractor reacts, they can potentially bring work to a screeching halt.

‘Having unreliable contractors is unfortunately a common occurrence,’ says Gus van der Spek, a property developer and owner of Wytham Estate, a retirement lifestyle estate in Upper Kenilworth in Cape Town.

Here are five of his top tips to help you deal with unreliable contractors:

1. Shop around for the best

First and foremost, conduct proper research by reading reviews of potential contractors, checking out their websites and asking for references and examples of previous work. ‘You want to make sure you get multiple quotes so that you can compare prices, quality of work, and the services provided,’ he says.

2. Get a contract in writing

It is essential that you have a contract, together with a contract retention or performance guarantee and insurance in place as this can come back to bite you if you are not careful.

‘When drawing up a contract, I would suggest picturing the worst-case scenario because that is when a contract will protect you. It is not there for when you agree, but rather for when you can’t agree,’ says Van der Spek.

He suggests using the Joint Building Construction Committee (JBCC) or having one drawn up by a legal professional before entering into any sort of building agreement. ‘If the contract requires them to fulfil their obligation to the developer’s satisfaction, then they are legally obligated to,’ he adds.

3. Communication is key

So much can be resolved with some simple communication, so communicate any concerns as soon as you see things heading south. ‘Having a calm and logical conversation with your contractor to see if the issue can be resolved in a way that suits both parties is always the first option,’ says Van der Spek.

This is especially important after a contract has ended, as most will have a snag clause for fixing issues a few weeks or months after the work is completed. If you are not getting anywhere by communicating, then you may need to review your contract more closely and consider taking legal advice.

4. Be understanding

Some mistakes are exactly that – unintentional and out of anyone’s control. More experienced contractors will probably be able to account for short-term setbacks and have solutions in place to accommodate typical issues like loadshedding and the weather, for example.

To ensure that things are going smoothly, make certain that your contractor gives you regular updates. However, keep in mind that they probably won’t want to tell you the minute something didn’t go well, so a little understanding on your part can go a long way.

When they do share their issues with you, be understanding, especially if they are coming to you with a problem and a solution to get the project back on track.

5. Be open to mediation

If the project size allows, employ professionals to assist with managing the development. ‘Pursuing legal action is a last resort. Mediation and even arbitration are usually required before any formal legal applications can take place, so one should always try to resolve issues and keep the project moving. Stagnant developments don’t survive, so even if you win, you may still lose,’ concludes Van der Spek.