Step-by-step
Document the defects
Take detailed photos of all defective or incomplete work. Note what was agreed versus what was delivered.
Review the contract
Check the original quote, contract, or written agreement. Note what was promised and the agreed price.
Get expert assessment
Have an independent builder or surveyor assess the work and provide a report on defects.
Give chance to remedy
Write to the builder listing specific defects and giving reasonable opportunity to put them right.
Get remedial quotes
Obtain quotes from other builders to complete or fix the work. This establishes your loss.
Send letter before claim
Send formal letter before claim with total amount claimed and deadline.
File your claim
File via Money Claim Online for cost of remedial work plus any wasted payments.
Understanding Building Work Disputes
Building work must be carried out with reasonable care and skill. When builders fail to meet this standard, complete work, or stick to agreed prices, you can claim compensation.
Common scenarios:
- Defective or incomplete building work
- Damage caused during work
- Overcharging beyond quote
- Abandonment of project
Your rights:
- Work must be done with reasonable care and skill
- Work must match what was agreed
- Price must be as quoted (or reasonable if not agreed)
- Completion within reasonable time
Evidence You Need
Essential evidence:
- Original quote or contract
- Photos of defective work
- Payment records
- Communication timeline
Helpful evidence:
- Expert assessment of work quality
- Quotes for remedial work from other builders
- Before and after photos
- Building regulations certificates (if applicable)
- Witness statements
Tips:
- Photograph defects from multiple angles
- Keep a timeline of events
- Get expert assessment early
What You Can Claim
Typical claim value: £100 - £10,000
You can claim:
- Cost to complete unfinished work
- Cost to fix defective work
- Refund of money paid for work not done
- Consequential losses (e.g., damage to property)
Calculating your claim:
- Get at least 2 quotes for remedial work
- Deduct any value from work that was acceptable
- Include any additional costs caused by the problem
Common Builder Defences
"The work was done properly"
- Counter with expert report on defects
- Show building regulations failures
- Compare against industry standards
"You agreed to variations"
- Show original quote and question variations
- Did you agree in writing to extras?
- Courts expect builders to get approval for extras
"You prevented completion"
- Show communications demonstrating you provided access
- Document any delays caused by them
"The price was always an estimate"
- Check what the quote said
- Significant increases should be agreed before work done
Frequently asked questions
Should I pay the builder if work is not finished?
Pay for work satisfactorily completed but withhold proportionate amounts for incomplete or defective work. Document why you are withholding. Complete non-payment may be seen as unreasonable if some work was acceptable.
What if the builder threatens to put a lien on my property?
Builders cannot place liens on residential property for unpaid work in England and Wales. This threat is not legally enforceable for domestic building work. However, they can still pursue you for payment they claim is owed.
How do I find an expert to assess building work?
For significant defects, a RICS surveyor provides authoritative reports. For smaller issues, another experienced builder can provide a written assessment. The expert should explain what is wrong and what it will cost to fix.
What if the builder has gone out of business?
If a limited company has dissolved, recovery is difficult. Check if the builder had insurance (some trade associations require it). For serious defects, consider whether the individual director could be personally liable.
Does building work need to comply with building regulations?
Some work requires building regulations approval (structural changes, electrical work, etc.). If the builder failed to get required approvals, this is a defect. You may face costs to regularise the work.
What is a "reasonable time" for building work?
If no completion date was agreed, work must be completed within a reasonable time. What is reasonable depends on the scope. Courts consider what a typical project of that size should take. Unreasonable delays are a breach.
This guide provides general information about UK small claims court procedures and is for educational purposes only. It does not constitute legal advice. CourtPilot is not a law firm and is not regulated by the Solicitors Regulation Authority. The law may have changed since this guide was last updated. For advice specific to your situation, please consult a qualified solicitor or seek help from Citizens Advice.