Key Takeaways
- Building work is covered by the Consumer Rights Act 2015, which requires it to be done with reasonable care and skill, in a reasonable time and at a reasonable price.
- Before any claim, you usually have to give the builder a fair chance to put the defects right.
- Strong evidence, including photos, your contract and an independent expert report, is what makes or breaks a claim.
- Most claims under £10,000 can go through the small claims court, and you generally have six years from the breach to bring one.
A botched extension, a leaking roof or a builder who has taken your money and disappeared. When building work goes wrong it is stressful and expensive, and it is not always obvious what to do about it.
The good news is that you have clear legal rights, and a sensible, well-evidenced approach often gets a result without ever reaching a courtroom. The key is to take the right steps in the right order.
This guide walks through how to make a claim against a builder step by step, from gathering evidence to going to court, so you can protect your position and avoid the common mistakes that weaken an otherwise strong case.
And if you would like advice on where you stand, our dispute resolution solicitors offer a free 30-minute consultation.
What are your rights against a builder?
Whenever you hire a builder you have a contract, even if nothing was written down, because verbal agreements are legally binding. Under the Consumer Rights Act 2015, building services must be carried out with reasonable care and skill, within a reasonable time, and, where no price was fixed, at a reasonable price.
Reasonable care and skill means the standard of a competent builder rather than perfection, as construction does have accepted tolerances. If the builder falls short through defective work, unfinished work, overcharging or walking off the job, that is a breach of contract, and you may be entitled to have the work redone, a price reduction or damages. We look at the bigger picture in our guide on disputes with builders.
Step 1: Gather your evidence
Before you do anything else, build your file. Keep the contract or quote, all correspondence including emails and text messages, invoices and payment records, and clear dated photographs of the defects. The more documentation you have, the stronger your position. Claims based on a verbal contract do succeed, but a text or email showing what was agreed makes them far easier to prove.
Step 2: Raise it in writing and give the builder a chance to fix it
Put your complaint in writing, setting out the specific defects, what you want the builder to do and a reasonable deadline to respond, with 14 days being a common starting point. This step matters legally. The law generally expects you to give the builder a fair opportunity to return and put the work right before you look elsewhere, and a builder who was never told about the problem is in a much stronger position to argue they were never given the chance.
Be careful about withholding payment. You can usually hold back a sum that reflects the cost of putting defects right, but refusing to pay the whole balance over a minor issue can leave you on the wrong end of a claim. Keep any amount you withhold proportionate and set out your reasons in writing.
Step 3: Get an independent expert report
For anything beyond a minor defect, an independent report from a surveyor, structural engineer or specialist trade expert is strongly advisable. It establishes whether the work fell below the required standard, what is needed to put it right and the likely cost, which is the basis for working out your damages. Courts expect expert evidence in building disputes, and a claim without it is significantly weaker, as we explain in our guide to construction litigation.
Step 4: Try to settle before going to court
Court should be a last resort, and there are several routes to a resolution before it comes to that:
- Negotiation: a clear, evidenced complaint often prompts the builder to put things right or offer compensation.
- Trade association schemes: if your builder belongs to a recognised trade body, it may run a dispute resolution or adjudication scheme that is faster and cheaper than court.
- Mediation: a neutral third party helps both sides reach a settlement. It is confidential and usually quicker and cheaper than litigation.
Our guide on the common causes of construction disputes looks at how these alternatives work in practice.
Step 5: Send a letter before action
If informal steps fail, the next move is a letter before action, sometimes called a letter before claim. It formally sets out the breach, the loss you have suffered, the amount you are claiming and a deadline, usually 14 to 30 days, for the builder to respond or settle. This is required under the court’s pre-action protocol, and it frequently produces a settlement without the need to issue proceedings at all.
Step 6: Make a court claim
If there is still no resolution, you can issue a claim through the money claim service. Which court route applies depends mainly on how much you are claiming:
- Claims up to £10,000 usually go through the small claims track, which is designed to be used without a solicitor and keeps costs low. You generally cannot recover your legal fees even if you win.
- Larger or more complex disputes go to the County Court or, for substantial or technical building cases, the Technology and Construction Court.
If you win, you can recover the cost of the remedial works, the reduction in the property’s value where it cannot be fully restored, and consequential losses such as the cost of alternative accommodation. You generally cannot claim for stress or inconvenience in a building dispute.
How long do you have to claim?
Time limits are critical. Under the Limitation Act 1980, you usually have six years from the date of the breach to bring a claim under a simple contract, or twelve years if the contract was made as a deed. Where defects are latent and only emerge later, such as damp appearing two years after the work, the date from which time runs can be more complicated, so take advice early.
Either way, do not sit on a claim. Evidence fades, memories blur and builders move address or dissolve their companies, all of which weaken your position the longer you wait.
Who are you actually claiming against?
One practical point is easy to overlook. Check whether you contracted with a sole trader or a limited company, because that determines who you claim against and how easily you can recover if the business becomes insolvent. A judgment is only worth as much as the other side’s ability to pay it, so it is worth knowing who you are dealing with before you spend money pursuing a claim.
Speak to a dispute resolution solicitor about your builder claim
A claim against a builder is far more likely to succeed when it is properly evidenced, correctly timed and pursued in the right order. Getting advice early can save you from costly missteps and often brings a settlement without the need for court.
At Osbourne Pinner, our dispute resolution solicitors advise homeowners and businesses on disputes with builders and contractors, from the first letter before action through to expert-led proceedings in the County Court or the Technology and Construction Court. We handle poor workmanship, unfinished work, overcharging and defective materials, including complex cases with 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.
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.
