Is Your Builder Refusing to Fix Defective Building Work?
One day the builder’s on site. The next, the tools are gone and so are they. When you’ve paid thousands of pounds for a renovation and the builder walks off site halfway through, leaving the work unfinished and defective, it is not just frustrating. It derails your life and your finances.
When the builder refuses to fix the defective building work, or starts chasing you for invoices on work that was never completed properly, the situation becomes even more stressful. You have legal rights. In England and Wales, the Consumer Rights Act 2015 is firmly on your side.
Do you need help with a claim for defective building work or incomplete building work? Book a Free Consultation Call by calling 0208 185 0990. Unfortunately, we cannot help you if your building dispute is worth less than £10,000.
Is Your Builder Letting You Down with Defective Building Work? The Most Common Types of Builder Disputes
Most builder disputes we handle in London and across England and Wales involve one or more of the following:
- The builder carrying out substandard or defective building work,
- The builder using materials or fittings that were never agreed,
- The builder abandoning the site before the work is finished,
- The builder refusing to engage when concerns are raised,
- The builder carrying out works outside the agreed scope and charging for them without your approval,
- The builder deviating away from agreed architectural drawings or building regulations, resulting in building control refusal or failed inspection by the local council.
If any of these apply to your situation, you are likely to have a valid legal claim against the builder for defective building work. Read more on our Consumer Disputes page.
Success Story: £20,000 Recovered For Abandoned and Defective Building Works
Our clients engaged a builder to carry out a full renovation of their property in London, paying invoices totalling over £48,000 as the work progressed. Partway through, our clients raised concerns about the defective building work and the use of materials that had never been agreed. Despite repeated requests to pause, the builder continued working without properly addressing those concerns.
The builder then abandoned the site, removing his tools and equipment and leaving the property in an unacceptable state, with significant work left incomplete. Our clients were forced to instruct new contractors to inspect the property and remedy the defective building work, at a cost of over £36,000.
How We Helped Settle the Builder Dispute
The builder later brought a claim against our clients for unpaid invoices. We defended the claim robustly and pursued a counterclaim for breach of contract and professional negligence for the defective building work. The parties were instructed to appoint a joint expert to assess the defects and rectification costs.
Facing a counterclaim, the builder agreed terms of settlement shortly before trial. Our clients received £20,000 in full and final settlement.
Your 5 – Step Guide: How to Resolve a Builder Dispute
If your builder has left work unfinished or defective building works, here is what to do:
- Document everything as it happens. Photograph defects, keep copies of invoices and written agreements, and record dates of any disputes or instructions given to the builder.
- Raise concerns in writing. Email or message the builder clearly setting out the defective building works or unauthorised work, rather than relying on verbal conversations alone.
- Do not pay further invoices without query. If work is defective or incomplete, you are entitled to challenge invoices and withhold payment for substandard work.
- Get an independent assessment. A surveyor’s report on the defects and rectification costs significantly strengthens your position.
- Seek legal advice if the builder refuses to engage or threatens court action. A solicitor can defend any claim against you and pursue a counterclaim for your losses.
Frequently Asked Questions for Builder Disputes
Building control has refused to sign off my extension. Who is responsible for putting it right?
If the builder carried out the works and those works failed to meet building regulations, the responsibility lies with the builder. A building control refusal is one of the clearest pieces of evidence available in a dispute because it is an independent third party finding that the work does not meet the required standard. The cost of remediation, further inspections and any delays you suffer as a result are recoverable losses.
I raised concerns in writing about defective building works but the builder ignored them and carried on. Does that affect my claim?
Yes, and in your favour. Written complaints that were ignored demonstrate that the builder was aware of the issues and chose not to address them. This strengthens both your breach of contract claim and, where relevant, any argument that the builder’s conduct was deliberate rather than negligent. It also undermines any defence that the builder was not given the opportunity to put things right.
The builder has now invoiced me for works I never agreed to. Do I have to pay?
No. A builder can only charge for works that were agreed, either in the original contract or through a clearly documented variation. If the builder carried out additional works without your knowledge or approval and is now demanding payment, you are entitled to challenge that invoice. In some cases, charging for unauthorised works while misrepresenting them as within the original scope can itself amount to misrepresentation.
My builder told me the materials he used were equivalent to what was specified. They were not. Is that misrepresentation?
It can be. If a builder made a specific representation about the materials being used and that representation turned out to be false, that goes beyond a simple breach of contract. Where the builder knew the materials did not meet the specification, or made the claim without any reasonable basis, you may have a misrepresentation claim in addition to a breach of contract claim. This can significantly increase the damages recoverable.
Contact Us
If you are seeking a consumer disputes lawyer, we can help your case. To book a Free Consultation Call with Mr Usman Anwar, the Legal Director, or another staff member in the Disputes Department, please complete the Contact Us Form or call 0208 185 0990.
For consumer disputes worth more than £10,000, we offer a number of funding arrangements which are outlined on the following webpage Fixed Legal Costs Litigation.
Still not convinced? Read some of our client’s success stories and testimonials on how they settled their business disputes using our legal service.
