MEMBER NEWS
CENTRAL
Contract mistakes costing members
Mistake two: using JCT Contracts JCT contracts feel professional, but include penalty clauses that hurt the builder – even when the cause of the delays was not due to the builder. Members report being penalised for delays caused by inadequate roof or CAD designs. JCT contracts place most of the risk on builders, regardless of where the fault lies. FMB contracts are different. Drafted by solicitors to comply with the Consumer Act and the Building Safety Act, they’re balanced so both parties get a fair deal. What to do: ● Use the FMB contracts. ● Issue estimates rather than quotes for flexibility. ● If something goes wrong, call the helpline while there’s still time to fix it. Members who end up in serious disputes almost always failed to use a proper contract or used the wrong one. Having the right contract in place from the start avoids most of these problems.
As part of ongoing research into the challenges facing members, Central Director Nicola de Sousa contacted the FMB legal helpline to understand the issues members encounter most. The answer was unequivocal: contracts. Between January and October 2024, 57% of calls to the FMB legal helpline were about contracts – mostly consumer contracts. Two mistakes come up often, but both are avoidable. Mistake one: no contract at all Some members don’t know FMB contracts exist. Others think the contracts will slow them down or make them inflexible. But they’re straightforward to use and protect both parties. When members skip contracts, clients refuse to pay, dispute what was agreed to, or claim work wasn’t done properly: and members have very little protection when things go wrong. Consumer law protects clients regardless of whether there’s a contract. It doesn’t protect you. You might be good for your word, but you have no idea if your client is.
(l-r) Iain Kirtley, Glenn Harding of Harding Building & Groundworks Ltd, Charles OKell of UK Pro-Build Ltd and Nicola de Sousa
SOUTH
Supporting homeowners The recent Somerset and
Farnborough Homebuilding & Renovating Shows had members at the FMB’s stand, helping at the advice centre, and hosting masterclass sessions. “We spoke with hundreds of people, with members providing guidance and advice to potential clients,” South Director Iain Kirtley said. “This included explaining why using a Master Builder is a great step when undertaking a building project. My thanks to all the members who got involved to help promote the FMB.”
SOUTH
CENTRAL
Board elections The process to elect members to the South West and Southern Counties area boards soon begins. Members elected to their boards represent and champion fellow members, highlight the issues they face, and steer the FMB’s work. Get in touch with Iain Kirtley if you’d like to learn more.
Central Board tackles training and licensing
The Central Board met towards the end of last year for a productive discussion on two key industry issues affecting members: training and licensing. Jeremy Gray, FMB Head of External Affairs, updated board members on the Licence to Build campaign and the work his team is doing to gather momentum on this important matter. The meeting addressed the removal of CITB-funded training groups – a concern many members have raised. Board members had the opportunity to express their views on both topics, with Jeremy taking extensive notes. Board members appreciated the opportunity to feed into FMB policy, and the FMB thanked them for their time and expertise in representing members’ interests.
CONTACT ● Iain Kirtley , South Director Email: iainkirtley@fmb.org.uk Call: 07741 240 665
CONTACT ● Nicola de Sousa , Central Director | Email: nicoladesousa@fmb.org.uk | Call: 07769 687 239
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Master Builder
www.fmb.org.uk
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