Is it possible to suspend a certificate from dishonest builder?

05.08.2019 Irina Stromberga, lawyer

After the construction or overhaul of their own home, people are often faced with the fact that the construction organization has done its job poorly, numerous violations are found. Accordingly, the question arises as to what can be done so that a dishonest builder bears responsibility for his professional activities.

First, you need to invite an expert who will fix all the violations, after which you can require the builders to either correct the deficiencies or return the money paid. If the builder refuses to correct the deficiencies and the owner is forced to apply to other construction organizations for this purpose, the owner has the right to demand compensation for losses incurred in this connection. 

Most often, in order to obtain from the dishonest builder the compensation of losses or the return of the money paid to him, it is necessary to apply to the court. However, there are state organizations, applying to which often allows to reach a compromise between the injured owner and the dishonest builder in the pre-trial order. This is the Consumer Rights Protection Centre and the State Construction Control Bureau of Latvia. The Consumer Rights Protection Centre considers physical persons’ complaints about the poor quality of services provided.

The State Construction Control Bureau of Latvia accepts complaints about the professional activities or unethical behaviour of a certified construction specialist, both from physical persons and legal entities. 

These complaints are submitted in writing to the certification department of the State Construction Control Bureau of Latvia at the address: 158, Krisjana Valdemara Street, Riga. The bureau registers the received complaint, after which it collects the necessary information from all related physical persons and legal entities. After gathering information and a preliminary assessment, the Complaints Commission is convened. Members of the commission consider the complaint within 30 days from the moment of receiving explanations of the construction specialist and additional information (if necessary). Then the commission appoints the meeting for which the construction specialist is being called in respect of which the complaint is filed. After the meeting, the commission provides the head of the certification department with its opinion and suggestions. The final decision is made by the head of the certification department in accordance with the opinion and suggestions of the commission. 

What kind of a decision it could be? For example, if the commission finds that the construction specialist’s actions do not conform to good professional practice or the construction specialist does not fulfil certain regulatory duties or does not comply with the standards, if this does not entail a threat to human life and health or the environment, then this may be a decision about warning. Warnings are not particularly “dangerous” for perpetrators. Nevertheless, if there are two or more such warnings in his “personal file”, he will be assigned an extraordinary retraining. In order for a construction specialist to take away or suspend the certificate for a period of 3 months to 10 years, you need to prove that the construction specialist knowingly lied, signed documents for a construction site that he did not conduct, or the violations committed by him carried a threat to human life and health or the environment.

Recent News