A tradesman whose work was so bad customers had to fork out thousands of pounds to have it rebuilt was spared jail today.
Two of the homeowners were elderly, whilst all three experienced financial loss due to the actions of 34-year old Benjamin McCaughley.
The father-of-five, from Springhill Road in Lurgan, appeared at Downpatrick Crown Court, sitting in Belfast, where he was handed an 18-month sentence which was suspended for three years.
As he imposed the sentence Judge Geoffrey Miller KC told McCaughley “you are, like the foundations of the building work you carried out, a man of straw”.
Despite initial denials, McCaughley pleaded guilty to six counts of engaging in a misleading commercial practice and five counts of recklessly engaging in commercial practice which contravenes professional diligence.
All the offences were committed on dates between November 1, 2019 and July 3, 2021 whilst he traded under the name ‘Regional Contractors’.
The court heard the charges arose from complaints made to the Trading Standards Services by three homeowners, all of whom engaged McCaughley to undertake building/landscaping jobs.
In all three cases, McCaughley offered a ten-year guarantee and initially said he would only take payment when the work was completed.
However, all three homeowners experienced demands for money upfront and were left with jobs that were incomplete or in need or reconstruction due to a poor standard of work.
Judge Miller revealed some of the work undertaken by McCaughley was so “incompetent” it required “demolition and starting again from scratch”.
He added: “As a result, the three complainants not only have had to endure the discomfort and stress of living in an unfinished building site but are thousands of pounds worse off.”
Revealing McCaughley started working in the building trade aged 14, the Judge said he was “totally out of his depth in taking on these contracts” and “effectively blackmailed his clients”.
Defence submissions made by barrister Michael Ward indicated McCaughley’s remorse and a motivation to desist from further offending.
Mr Ward said his client has now confined his work solely to landscaping and was an industrious man who provided for his family.
As he imposed the suspended sentence, Judge Miller said: “Whatever hope there is of meaningful compensation being made in this case is dependent on your ability to work.”
McCaughley was also ordered to pay £6,000 compensation and was banned from holding a directorship position with a company for three years.
In a statement issued after the sentencing by the Department for the Economy’s Trading Standards Service they outlined further details in the case including the fact a whole roof had be replaced at a cost to the homeowner of £14,000.
A spokesman said: “The charges related to three separate jobs undertaken by Mr McCaughley for customers in Bangor, Jordanstown and Holywood. The job in Bangor involved the construction of a new garage and sunroom and later, on Mr McCaughley’s advice to deal with a leaking roof, the replacement of the roof to the property.
“In total Mr McCaughley received £67,500 from the householder. However, the standard of the work was so poor that the new roof had to be replaced at a further cost of £14,000 and an independent report commissioned by the TSS concluded that the sunroom required so much remedial work that its demolition may be the most economic alternative.
“Mr McCaughley was paid £10,000 for the work he did for a customer in Jordanstown, which included the building of a retaining wall and some paving and resurfacing of a driveway. As a result of her concerns about the work he had done, the householder commissioned her own report from a chartered civil and structural engineer. The report concluded that the retaining wall was unsafe and not fit for purpose and recommended its destruction and the building of a new retaining wall.
“Mr McCaughley’s final victim in Holywood paid him £6,000 to lay a patio and build some steps and a retaining wall. Having been paid £6,000 Mr McCaughley then told the householder that he could not complete all the work for the price he had quoted and left the job unfinished. The TSS commissioned a report on the work, which concluded that the foundations and structure of the retaining wall were inadequate, possibly leading to structural failure.
“There were also aspects of Mr McCaughley’s way of doing business which featured more than once in his dealings with these victims. He told them he did not require payment until he had completed the work but in each case he actually began asking for money shortly after starting the job; and he falsely claimed his work came with a 10-year guarantee.”
Alison Gilchrist of the TSS said: “This is an extreme example of a trader carrying out substandard work and misleading his victims as to the level of service to expect from him. He has left each of his victims in these cases with inferior work which is going to take thousands of pounds to rectify.
“At a time of rising prices and increased cost of living, it’s hugely important for consumers to have confidence in local tradespeople and to expect good quality, professional services. The TSS remains committed to investigating those traders that take advantage of consumers and fail to comply with the law.”
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