Family left £27,000 out of pocket by cowboy builder friend

Marc Foley pictured yesterday outside Cardiff Crown Court, where he was jailed for four months

A cowboy builder who took £27,000 from a family friend for a loft conversion but left their £400,000 home in danger of ‘catastrophic structural collapse’ has been jailed. 

Diane McDonald, who had just retired, had to go back to work after paying Marc Foley £25,000, then having to fork out another £27,000 to have his work put right.

In a victim impact statement, Mrs McDonald said she was ‘devastated’, adding: ‘He was a family friend and I trusted him.’

Cardiff Crown Court heard Foley carried out the work at her home in Cyncoed, Cardiff, where three generations of the family lived together.

Laurence Jones, prosecuting, said the defendant started the project in September 2015 and claimed to have finished by Christmas, but leaks started to appear around the chimney.

Prosecutors said Mrs McDonald paid the builder £25,650 in cash for the loft conversion.

But following assessments by Cardiff council ‘s building control officers and an independent structural survey, it became clear that the work undertaken did not meet required standards.

Structural engineer Gavin Fairclough found there were 'serious structural defects'

In a report, he said the building was 'susceptible to catastrophic structural collapse'

Structural engineer Gavin Fairclough found there were ‘serious structural defects’. In a report, he said the building was ‘susceptible to catastrophic structural collapse’.

Mr Jones said Foley provided a misleading quotation and failed to obtain building regulations approval.

Structural engineer Gavin Fairclough found there were ‘serious structural defects’. In a report, he said the building was ‘susceptible to catastrophic structural collapse’.

Judge Thomas Crowther QC noted the property was semi-detached, meaning the residents next door were also put at risk.

Mr Jones said: ‘A virtual rebuild was required.’

He told the court ‘urgent’ remedial works had to be carried out, costing £27,302.40.

Following assessments by Cardiff council 's building control officers and an independent structural survey, it became clear that the work undertaken did not meet required standards

Following assessments by Cardiff council ‘s building control officers and an independent structural survey, it became clear that the work undertaken did not meet required standards

In an interview, Foley accepted running MAF Construction and Sons Ltd and accepted telling the family the work would be completed to comply with building regulations.

He said he knew ‘more or less’ what those were, but added there were ‘millions of regulations’.

Foley conceded the relationship with his client had broken down and admitted throwing their letters in the bin.

The standard of work was so poor that Mrs McDonald needed treatment for stress

The standard of work was so poor that Mrs McDonald needed treatment for stress

He claimed the building inspector had ‘a vendetta’ against him and stated the £27,000 rebuild figure was ‘ridiculous’.

The judge told him: ‘You showed a breathtaking lack of contrition or sympathy in that interview.’

In a victim impact statement, Mrs McDonald said she had to seek help for stress caused by the incident.

She added: ‘I am devastated. I had only just retired and I have had to go back to work to sort all this out.’

Foley, 48, from Heath, Cardiff, admitted three countsof unfair commercial practice.

Tom Roberts, defending, said his client had been a builder for 30 years and handed character references to the judge which he argued demonstrated he was capable of doing good work.

He told the court Foley sought counselling for depression after his business and marriage failed.

Judge Crowther noted the work was ‘utterly substandard’ and jailed Foley for four months.

Judge Thomas Crowther QC noted the property was semi-detached, meaning the residents next door were also put at risk

Judge Thomas Crowther QC noted the property was semi-detached, meaning the residents next door were also put at risk

Speaking after the hearing, Mrs McDonald said: ‘I’m so pleased he pleaded guilty, but even after that, there is no remorse for the terrible and inadequate building work he did.

‘It is not fair and this has had a devastating effect on mine and my husband’s health.’

Councillor Michael Michael, cabinet member with responsibility for shared regulatory services, said he welcomed the sentence.

He added: ‘It should send a clear message to all those in the building trade that substandard work, which can have catastrophic consequences, will not be tolerated.’ 

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