Part of the beauty of being a self-employed trader is that you can usually negotiate your own prices, your working hours and also seek out new work on your own terms. The flip-side is that, unfortunately, if things go wrong, you probably haven’t got a corporate structure or a complaints department to help you resolve any disputes.

For most traders this means sitting down with a client and discussing the problems and how they can be resolved, but sometimes it’s not so simple. Here’s our guide to resolving complicated trade disputes.

Remember Who’s the Customer

The customer isn’t always right, but in a bargaining relationship they do have the power to hold back your fees and potentially cost you a lot of time and money. Not only do you want to keep your customer on-side, but these days tradesmen have to be extremely mindful of gaining a bad name.

Internet review sites and even forums are go-to places for customers who have had bad experiences with traders. Bear in mind that if you want to attract any new customers they’re almost certain to search you online first, so don’t give your existing customers any reason to write you a poor review.

Communicate Openly and Effectively

If there are problems with the work done, your customer needs to be able to explain the issues to you. Sometimes this might get technical, so don’t assume you know all the answers, but also try to help explain situations or circumstances to customers. Don’t let an accusation of a bad job get you down, but do ask for their approval as often as possible while the work is taking place.

Unfortunately, some disputes can get a little personal, and builders in particular are often subject to complaints about unruly behaviour, mess or noise. In this case, it’s about asking your customer what their issues are and finding out what can be done about it. If it’s a case of having a quiet word with your subcontractor about his language, then so be it – it’s not worth losing a job over.

Calling in a Second Opinion

If you do receive a serious complaint about the quality of your workmanship, one of the smartest things you can do is offer to bring in a contractor to give a second opinion. Your customer may even be willing to pay for somebody to come and take a look. Make sure it’s someone you trust, but also someone that has their own credentials, not just a friend.

If you do decide to bring someone in to make an assessment, it’s worth having a discussion about what can be improved and how it can be done. If you’re working on a fixed fee basis, the costs will unfortunately most likely have to come out of your fees. All being well, however, it’s an ideal way of settling a dispute if you know you’ve done a good job.

Going to the Ombudsman

If you do have a dispute that just cannot be resolved, the best option for both parties is to approach the Office of Fair Trading – the UK’s trade ombudsman. In most cases the ombudsman will seek to investigate and find a resolution without going through legal procedures.

However, sometimes there’s no other way than taking your dispute to a court of law. In this case the ombudsman should inform you of your legal rights and responsibilities, but you may also want to seek your own private advice.

Tradesman Liability Insurance

One final option that will protect you in the event of your work injuring or causing damage to a client or third party is your tradesman liability insurance. Remember that this will also cover you in the event of your work damaging some of the clients’ property.

You may also find that your tradesman liability insurance covers you in the event of you wrongly being involved in a legal dispute. Some policies will also help to fund your legal fees, so it’s worth speaking to your insurer if you have been drawn into a court case.

Unfortunately, disputes are a hazard of being in the trade industry, but with the right protection and a positive attitude you should be able to resolve any dispute you come across. Remember to consult your insurer if you find yourself in legal difficulties, and keep your channels of communication open at all times.

Photo by Tobias Wolter / CC BY-SA 3.0