A ROGUE builder who lost his customers £150,000 and left one home uninhabitable has been sentenced to 28 months in prison after being prosecuted by Cornwall Council.

James Christopher Smith, 45, from Wadebridge, pleaded guilty to participating in a fraudulent business under Section 9 of the Fraud Act 2006.

Smith was trading as Cornwall Building and Roofing Contractors, however, after a number of complaints about his work, Cornwall Council’s Trading Standards team launched an investigation in February 2023.

In total, seven victims were identified, with the fraud resulting in losses of around £150,000.

In one case, Smith was contracted to construct a single-storey timber frame extension. There were delays in the progress of the work and money demanded for materials that were never ordered. A building inspector from Cornwall Council identified 30 failures of building regulations and the extension had to be demolished.

In another case the consumer agreed a £184,000 contract with Smith to remodel a bungalow. Despite a deposit and numerous staged payments, many of the materials were never ordered. The property was eventually left uninhabitable, with no windows, doors, heating, or electrics.

In both of these cases the homeowners were required to seek further finance to get the projects finished.

The investigation uncovered a range of unfair practises including;

  • failing to carry out agreed works for customers,
  • failing to return money paid for unfinished works,
  • not carrying out work with reasonable skill and care, contrary to professional diligence,
  • failing to rectify sub-standard works,
  • misleading customers about works that were to be carried out, and
  • misleading customers about materials that were to be ordered.

On February 13, Smith was given an immediate custodial sentence of 28 months at Truro Crown Court.

Martyn Alvey, the portfolio holder responsible for public protection at Cornwall Council, said: “Yet again we’re frustrated to see the upset and distress caused by the fraudulent actions of one individual. Whilst the loss agreed was £150,000, we know that the true cost of remedying the work has run into the tens of thousands for many of his customers.

“Cases like this seriously affect consumer confidence in the local building trade, but we hope that sentences like the one given today act as a significant deterrent and demonstrates just how seriously Cornwall’s Trading Standards Team and the courts take these matters.”