Marlborough builder sentenced to 18-month community order for fraudulent works

A Marlborough builder has been handed an 18-month community order requiring him to complete 300 hours of unpaid work after pleading guilty of three counts of fraud.   

 James O'Shaughnessy (41), who traded as EJ Build and Renovate, appeared today (Tuesday 29 April) at Salisbury Crown Court. At the hearing, the judge ordered Mr O'Shaughnessy to pay £114 compensation to the victims, equal to the victim surcharge which was waived. He was also warned that if he breached the community order, he would receive a sentence of two years and three months imprisonment. 

 A couple from Marlborough had contacted Mr O'Shaughnessy in August 2022 looking to build an extension to their family home and were quoted £116,700 for the work.  He promised to have the work completed in 10 to 12 weeks and took three large deposits from them totalling almost £90,000. He claimed that the money would be used to purchase materials which would then be kept in his lockup to avoid any delays.  Shortly into the build, Mr O'Shaughnessy's attendance at the site became sporadic, which led to the couple asking for copies of invoices to prove the materials had been purchased.  These were never provided. 

By December 2022, the relationship between the couple and Mr O'Shaughnessy had broken down due to the apparent lack of progress on the build. They asked him to provide a cost breakdown for the work, in the hope they could come to an arrangement with the builder so the work could be completed by another trader. Mr O'Shaughnessy claimed £69,000 had been incurred, which the victims disputed.  Mr O'Shaughnessy still did not provide copies of the invoices for the materials. A Royal Institution of Chartered Surveyors (RICS) approved quantity surveyor was instructed who assessed the value of the work at £26,000 (excluding VAT).  

 Mr O'Shaughnessy was unable or unwilling to supply the materials the victims had paid for, or to provide a refund.  A County Court claim made by the couple was found in their favour, but not settled by Mr O'Shaughnessy, who also has a number of other County Court Judgements against him.  

 Victim impact statements read out during the sentencing of Mr O'Shaughnessy stated I feel hurt and puzzled. Hurt that anyone should knowingly put a decent family in such a dreadful and ongoing predicament - and to have shown no remorse. Puzzled - to this day not fully knowing what ever happened to our hard-earned money nor whether we will ever see it repaid.

 They also said, Trust, goodwill, faith and hope are all pillars that I have used as a foundation for 'being good' and they have all suffered. They are foundational pillars that I have installed in my three children, and it hurts me immensely to think that these pillars that I hold on to so tightly have been eroded to the point where I feel - and know - has affected my children as well. 

 I am not a builder but have had to pick up the pieces of a failed build and empty bank account. I have a commitment. I have promised two of my three children a new room each and I will deliver. They have been so patient and supportive. I hope they understand that the person I am now - a somewhat bitter, cynical and altered man - is not the real me. I feel hurt that this part of me, the part that I hold dear as who I am and who I want to be seen as, has been damaged. Is their father a failure, or just human? Time will tell.

 Sarah Valdus, Director Environment at Wiltshire Council, said: The impact of this crime has clearly been devastating for the victims. The efforts of our Trading Standards team have ensured that Mr O'Shaughnessy has been brought to justice.  

 We will continue to take action against those rogue traders who dupe our residents and engage in these types of illegal activities and carry out work to unacceptable standards. We don't want anyone else to have to go through the same. Being a victim of this type of crime is an awful experience.  

 Therefore, we hope that by raising awareness of building fraud, we will educate consumers, give them the confidence to make the right decisions and make it more difficult for fraudsters to operate. 

 Wiltshire is full of honest hard-working traders and trusted traders can be found by using an approval scheme such as Buy With Confidence.

  If anyone believes they have been the victim of a rogue trader, they should call Citizens Advice consumer helpline on 0808 223 1133.