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Cowboys beware ? we?re gunning for you

Consumer Affairs Board chairman Trevor Fyfe and Construction Association of Bermuda president Alex DeCouto who have announced a taskforce to look at ways of creating a construction industry licensing programme in Bermuda.
The days are numbered for shoddy builders and 'fly-by-night' construction operators.Within the next six months recommendations for a licensing programme to improve standards and accountability within the construction sector will be presented to Labour Minister Derrick Burgess.Against a background of more than 400 customer complaints relating to the construction industry ? representing around 40 percent of all logged complaints from Bermuda's residents ? finding a better way to regulate and licence those working in the sector is now being formulated.

The days are numbered for shoddy builders and 'fly-by-night' construction operators.

Within the next six months recommendations for a licensing programme to improve standards and accountability within the construction sector will be presented to Labour Minister Derrick Burgess.

Against a background of more than 400 customer complaints relating to the construction industry ? representing around 40 percent of all logged complaints from Bermuda's residents ? finding a better way to regulate and licence those working in the sector is now being formulated.

Shoddy construction work, broken contracts and disregarded warranties are amongst the most common woes that crop up amongst the complaints from residents to Consumer Affairs.

Now the Construction Association of Bermuda and Consumers Affairs have joined together to establish a taskforce that will look at how the Island can create a licensing programme to create a more professional environment and safeguards consumers.

None of the more than 400 complaints were against any Construction Association of Bermuda (CAOB) members. That organisation has its own code of ethics and regulations, but such a mechanism is lacking elsewhere in the sector.

Consumer Affairs Board chairman Trevor Fyfe, who is a general contractor himself, has spoken to a meeting of the CAOB outlining the proposed contractor licensing scheme, which is still at a conceptual stage.

Issues raised so far range from the need for education, both in skill-based competency and business acumen, a meaningful licensing exam linked to a training programme, a Bill of Rights for clients and customers, certification of individuals working in the construction industry as well as companies, and the encouraging of standard contracts been customer and contractor.

Heading the taskforce is Michael Oatley, who said a number of schemes overseas have been reviewed to see which elements can be incorporated into a Bermuda version. Other places that have been studied include Cayman Islands, Florida, California, and Australia.

"The challenge is to make it work for Bermuda because the models elsewhere will be more extensive and more bureaucratic simply because of the scale they are using. We have to find the key benefits they have and do it in a 'light way' here."

The taskforce was set up six weeks ago and holds its third meeting this week. It consists of representatives from Consumer Affairs, the automotive industry, building services, the CAOB and other groups.

CAOB president Alex DeCouto said: "We are pleased to see that of the 400-plus industry related complaints, none have been levied against any of our companies. The CAOB is constantly looking for ways to add value, both to our members and the public, and adherence to our code of ethics is a good starting point."

He said a partnership with Consumer Affairs would add further value and he was grateful the CAOB had been invited to have an input in the process.

"Without pre-empting what the taskforce has on its agenda, I would say it is not just about setting up a licensing board and telling people to come and apply for a licence. There would be a need for things such as standards being established and maybe a written exam and then the question of how people would take such an exam ? perhaps it could be similar to going to TCD," he said.

"The taskforce has just been commissioned so all this sort of stuff is up in the air about how exactly it might work."

It is believed the taskforce will also consider the certification of trades separate from licensing.

Regarding the problem of complaints levelled at elements within the construction industry, Mr. DeCouto said many related to shoddy workmanship, contractors taking-off with payment without finishing work, or not following through with warranties.

Whether or not an eventual licensing body in Bermuda will be statutory or voluntary, and what powers it will have to take action against wayward construction entities remains to be decided by the taskforce.Mr. DeCouto said: "There is a general perception that construction is under-regulated and that we are not like other jurisdiction who do have licensing boards.

"I would say something like this concept is overdue, because the construction industry is easy to get into ? there are more entrepreneurs in the construction industry than anywhere else in Bermuda ? and that means there are a lot of people who buy a truck, paint their name on it and call themselves a contractor.

"To be fair that is a route to empower a lot of people and it has been effective at that, and we should be careful to make sure that we do not stifle that as a route to people finding their feet, but we must weight that up against the need for consumer protection.

"I see this as more a way to raise the bar, in many ways it is a question of ignorance on both the consumer and the contractor's side on the ways things should be done."