Key Takeaways
- Under the Consumer Rights Act 2015, building and trade services must be carried out with reasonable care and skill. This is an implied term in every contract.
- Before taking legal action, you must give the builder a reasonable opportunity to return and put the work right.
- For claims under £10,000, the small claims track is designed to be accessible and cost-effective.
- Larger or more complex disputes may go to the County Court or the Technology and Construction Court (TCC).
- You have six years from the date of the breach to bring a claim under a simple contract, or 12 years if the contract was made by deed.
- Alternative dispute resolution can often resolve disputes more quickly and cheaply than going to court.
Few things are more frustrating than paying for building work that has been done badly or left unfinished. Whether it’s a kitchen extension that leaks, a loft conversion that fails building regulations or a renovation left half-done, the experience of a failed building project is stressful and often expensive.
The good news is that the law gives homeowners and other clients real rights when things go wrong. This guide explains what your rights are, how to approach a dispute with a builder, and what options are available if the matter cannot be resolved informally.
Your Legal Rights as a Client
Whether it’s written or verbal, any contract for building work includes implied terms under the Consumer Rights Act 2015 and the Supply of Goods and Services Act 1982. These terms cannot be excluded by the builder.
- Reasonable care and skill: The work must be carried out to the standard of a competent builder in that trade.
- Reasonable time: It must be completed within a reasonable period, or by any agreed deadline.
- Reasonable price: Where no price was agreed upfront, you’re only required to pay a reasonable sum for the work done.
- Goods of satisfactory quality: Any materials supplied by the builder must be of satisfactory quality and fit for purpose.
If the builder fails to meet any of these standards, they are in breach of contract. You may be entitled to a price reduction, a refund or damages representing the cost of having the work put right.
Step One: Raise the Problem in Writing
As soon as you identify a problem with the work, raise it with the builder in writing, by email or letter. Set out the specific defects or issues, what you want the builder to do about it, and a reasonable deadline for them to respond. Keep a copy of everything you send.
Courts expect parties to try to resolve disputes before litigation. So, a builder who has never been formally told about a problem is in a stronger position to argue they were not given a chance to put it right. Written communication also creates a paper trail that will support your case if matters escalate.
Step Two: Give the Builder an Opportunity to Rectify
Before withholding payment or seeking remedies, you should generally give the builder a reasonable opportunity to return and remedy the defects. What counts as ‘reasonable’ depends on the nature and extent of the problem. A minor snag might warrant two weeks. On the other hand, significant structural defects could justify a longer period and, in serious cases, immediate instruction of a specialist to assess the damage.
If you unreasonably refuse to allow the builder to return and fix the problem, a court may take that into account when assessing your damages. However, if the builder has abandoned the project, refused to engage, or made clear they will not return, you’re not obliged to wait indefinitely.
Step Three: Get an Independent Expert Report
For anything beyond the most minor defect, commissioning an independent expert report is strongly advisable. A report from a qualified surveyor, structural engineer or specialist trade expert will establish whether the work fell below the required standard, plus what remedial works are necessary and the likely cost of putting things right.
This report will be central to any legal claim and will form the basis for calculating your damages. Courts in construction disputes expect expert evidence, and a claim without it is significantly weaker.
Step Four: Send a Formal Letter Before Action
Before issuing court proceedings, you’ll need to send a Letter Before Action. This is a formal letter setting out the nature of the breach, the loss you have suffered, the sum you are claiming, and a deadline (typically 14 to 30 days) for the builder to respond or settle.
It’s both a legal requirement under the Pre-Action Protocol and a practical step that often produces a settlement without the need for court.
Alternative Dispute Resolution
Before or instead of going to court, several alternative routes are available.
If the builder is a member of a trade association (such as the Federation of Master Builders, NICEIC, Gas Safe Register or TrustMark), the association may have a dispute resolution or adjudication scheme you can use. These schemes are typically faster and cheaper than court and can result in binding outcomes.
Mediation is another option. This is where a neutral third party helps the parties reach a mutually acceptable settlement. Courts actively encourage mediation and may penalise a party who unreasonably refuses to engage with it, even if they ultimately win in court.
Going to Court
If all else fails, court proceedings may be necessary. The appropriate court depends on the value and complexity of the claim.
- Small Claims Track: Claims up to £10,000 are usually allocated here. The process is simpler, costs are limited and it’s designed to be accessible without legal representation, though a solicitor can still advise or represent you.
- Fast Track: Claims between £10,000 and £25,000, or straightforward higher-value claims, may be allocated here.
- Technology and Construction Court (TCC): Complex construction disputes are often dealt with in the TCC, which specialises in technical building cases. It’s particularly suited for those involving substantial defects, structural issues or significant sums.
In successful claims, you can recover the cost of remedial works and the diminution in value of the property if it can’t be fully restored. In some cases, you can claim additional losses such as the cost of temporary accommodation if the property was uninhabitable. However, you can’t recover damages for stress or inconvenience in most building disputes.
What Is the Time Limit?
Under the Limitation Act 1980, you generally have six years from the date of the breach to bring a claim for breach of a simple contract. If the contract was made by deed, the period is 12 years. Where latent defects only become apparent later, specialist advice on limitation is important as the date from which time runs may be disputed. That could be, for example, damp that emerges two years after the work is completed.
Speak to a Litigation Solicitor Today
Osbourne Pinner’s litigation team advises homeowners and commercial clients across London and Harrow on disputes with builders and contractors, from initial Letters Before Action through to expert-led court proceedings in the County Court and the TCC. We deal with cases involving poor workmanship, abandoned projects, overcharging and defective materials, and have experience with complex disputes involving multiple parties.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
If you have a dispute with a builder and need advice on your legal options, our dispute resolution solicitors are here to help.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
