Builder dispute solicitors

Builder - breach of contract

You may have a breach of contract claim against your builder either under the specific terms of your contract with them, or by them breaching your statutory rights under the Supply of Goods and Services Act 1982 or under the Consumer Rights Act 2015, if the contract was entered into after the 1st October 2015.

There may also be claims arising under The Defective Premises Act 1972. These are often referred to as construction claims, and are a very niche area of law. Most claims are dealt with by the Technology and Construction Court, which is a specific section of the High Court, with judges that also specialise in these kinds of cases.

These types of claims can range from issues with the quality of the work such as faulty conservatories or extensions to the property, to more serious claims such as structural damage being caused to your property. We have also dealt with claims where builders have walked off build projects part way though, despite having been paid.

Bringing a claim against a builder

It is important to act quickly when bringing claims against builders, and getting expert assistance as soon as possible. We have contacts with various experts that we can engage on your behalf to assess the works and provide reports on the quality. It is important to get reports at an early stage of the case, and before any remedial work has been carried out.

Often with construction claims, one of the key concerns is the solvency of the builder. We will always advise you and assist you, in carrying out investigations into their means, to work out whether they are worth bringing a claim against. 

Whilst we tend to be instructed after a dispute has already arisen, there are various things that you can do before instructing the builder to minimise the chance of a dispute, or to strengthen your case should a dispute arise later on - find out more: How to avoid a dispute with your builder.

If you think you may have a claim and wish to discuss it with us, please telephone our specialist team on 01616 966 229, or complete our online enquiry form and someone will respond to you as soon as possible. 

Common builder disputes

Building disputes can take many forms. There are lots of reasons why the parties to a building contract fall out. Having building works carried out to your property can be stressful given the disruption and inconvenience caused depending on the nature and extent of the building works. The costs of building works can also be substantial especially when construction works include building extensions to a property. All of this carries the potential for a highly stressed environment which has the propensity to increase the risk in a breakdown in the relationship between a builder and their employer. Unfortunately, when such a breakdown occurs it is likely that a building project will be adversely affected causing significant disruption and delays.

We have found that the most common disputes between homeowners and builders who have carried out works on residential properties involve:

• A dispute over the standard of building works that the builder has provided on the project
• A dispute over the time it is taking for completion of the building works under the project
• A dispute over the costs of the building works and whether they are exceeding the budgeted costs of the project
• A dispute over whether certain works carried out on a project were additional and fall outside the original agreed scope of works and whether further costs are due as a result
• A dispute over the design of the building works and whether such design has caused issues/defects
• A dispute which results in a builder “downing tools” and walking off site

Builder dispute FAQs

What is a builder dispute?

A builder dispute is a disagreement or conflict that arises between a property owner and a builder regarding the quality of workmanship or construction, payment issues, project delays, or changes to the project's scope. These disputes can lead to financial loss, project delays, and damage to relationships between the parties involved.

How do you resolve disputes with builder?

To resolve concerns, clearly state the issue with supporting evidence like records, receipts, and photos. If direct communication fails, consulting a building dispute resolution lawyer is recommended. They offer specialised guidance to navigate the matter and provide tailored expert advice.

On what grounds can I sue a builder?

You can sue a builder for breach of contract and/or  negligence if they've made errors, used wrong materials, caused substantial project delays, or failed to meet building regulations. These breaches of duty entitle you to seek legal recourse for compensation.

Is it worth suing a builder?

When contemplating legal action, it is useful to consider the builder's financial capacity. Many builders lack professional indemnity insurance to cover claims for poor workmanship or contract breaches. By evaluating their ability to provide compensation, you can ensure a more strategic approach to your case, increasing the likelihood of a successful outcome for your law firm.

How long are builders in the UK liable for bad work?

In England & Wales, builders are typically liable for defects for six years from the completion of work, as specified by the Limitation Act 1980. This legislation sets time limits for filing legal claims for breach of contract or negligence, ensuring that homeowners can seek redress within this period.

Do you have to pay a builder for poor work?

Quite often, customers  withhold payment from a builder for completed work, particularly when they are not happy with the work. Builders can take legal action to recover unpaid amounts. If faced with this, customers should seek legal advice to prepare a defence, demonstrating that the work was substandard. Documenting evidence of poor workmanship is crucial in such cases.

What is liability for poor workmanship?

Poor workmanship is when the builder does not carry out the works in accordance with the contractual and/or common law standards.  It is usually necessary to obtain independent expert evidence to ascertain whether the workmanship fell below the relevant standards.

What does a construction solicitor do?

A construction solicitor drafts, reviews, and negotiates industry-specific and general commercial contracts among various parties involved in a project. They represent clients such as builders, property developers, architects, contractors, subcontractors, engineers, and landowners, ensuring legal compliance and protecting their interests. They will also assist in dealing with an disputes between parties and guide them through any dispute resolution process including adjudication, arbitration and court proceedings.

Can I sue my builder for taking too long in the UK?

In the UK, you can sue your builder for significant delays. Builders have a duty of care, and if they make errors, use incorrect materials, cause major delays, or fail to meet building regulations, you may have a breach of contract and or negligence claim.

Which court deals with construction disputes?

In the UK, construction disputes are typically handled by the Technology and Construction Court (TCC). This specialised court deals with complex cases involving construction, engineering, and technology-related disputes, providing expert adjudication and resolution for issues that require specialised knowledge and understanding of the industry.

Which are the most common areas for construction disputes?

The three most common areas for construction disputes are poorly drafted contracts, quality concerns, and payment claims. These issues often lead to misunderstandings and conflicts between parties, resulting in legal disputes that require resolution.

What is poor workmanship?

If you are concerned with the quality of workmanship that your builder has carried out on your project then you may have grounds to claim against the builder for a breach of contract.

The first thing you will need to identify before suing a contractor for poor workmanship is whether the workmanship falls below the standard of works that the builder agreed to carry out. The express terms of the contract between you and the builder will be the first point of reference to ascertain whether the builder has not carried out the work satisfactorily under the terms and conditions of the contract.

If you are concerned with the quality of the workmanship it is important to notify the builder at your earliest opportunity and see whether an agreement can be made between you to rectify the problem. Always ensure you document all discussions with the builder and keep a diary so you have a record and timeline of all events. It would also be useful to take photographs of the building work as it progresses especially if you are concerned about the quality of the workmanship.

If you do not agree a way forward with the builder it may be necessary for you to instruct an independent building surveyor to carry out a report on the workmanship to ascertain whether the standard has fallen short of the agreed contractual terms. You must act quickly in these situations so it is important that you seek legal advice at your earliest opportunity to ensure that you comply with your own obligations under the terms of any contract in place.

What are your rights?

Building disputes can be very complex. The rights and remedies can be determined by the various contractual terms that you have agreed with the builder. Each case will have to be considered on its own facts. It will be very important to ensure you keep a diary of all works that have been carried out during the building work and any payments that you have made to the builder or any other party.

The rights and remedies available are varied and therefore it is important that you seek independent legal advice at your earliest opportunity.

What are my rights for poor workmanship?

If you have received poor workmanship from a builder or contractor, you may have the following rights:

• Right to have the work corrected: You have the right to ask the builder or contractor to correct the poor workmanship to an acceptable standard.

• Right to a price reduction/refund: If the poor workmanship cannot be corrected or has caused significant damage, you may have the right to a partial or full refund.

• Right to compensation: If the poor workmanship has caused financial loss, you may have the right to compensation for the costs incurred.

• Right to terminate the contract: If the poor workmanship is a breach of the contract, you may have the right to terminate the contract and seek legal action to recover any losses. Dealing with termination can be complex and should only be considered after obtaining legal advice.

How do you sue a builder?

To initiate legal action against a builder, you'll need to establish a claim for breach of contract and / or  negligence. This entails demonstrating that a contractual and/or common law duty of care existed between you and the builder. This aspect is typically clear-cut, particularly if there's a written contract outlining the terms and responsibilities.

If you have a concern about building work that is being carried out or has previously been carried out do not hesitate to contact our specialist team on 01616 966 229 for further advice.