Builder Contract Disputes: When Work Isn't Finished

Your legal remedies when a builder abandons work, doesn't finish, or does poor quality work. Learn about reasonable care and skill, retention rights, and small claims procedures.

Quick Answer

Supply of Goods and Services Act 1982 s.13 requires builders exercise reasonable care and skill. Incomplete or poor work is breach of contract. You can withhold final payment until completion. Retention clauses (withholding 5-10% until end) are common but must be fair. You can hire another builder and deduct costs from what you owe. Small claims court (under £100,000) is straightforward route; most cases succeed. Builder cannot claim payment for incomplete work. Document everything (photos, messages, timelines) for court.

How to Handle Incomplete or Poor Work

1

Document Defects (Photos, Messages)

Take photos of incomplete/poor work. Keep all communications (emails, texts, calls). Note completion date promised vs. actual. Get a quote from another builder for correction costs. This becomes your claim value.

2

Send Formal Notice (7-14 Days to Cure)

Email builder: "Work is incomplete/below standard. Supply of Goods and Services Act 1982 s.13 requires reasonable care. Correct defects within 14 days or I will hire another contractor and deduct costs from payment owed." Set clear deadline.

3

Withhold Payment and Escalate

Do not pay remaining balance. If builder refuses to fix, hire another contractor, get invoice, deduct from what you owe. If still disputes, file small claims for the remaining shortfall or original contract value minus costs to complete.

What the Law Says

Supply of Goods and Services Act 1982, s.13-14 (Reasonable Care)
Service provider (builder) must carry out work with reasonable care and skill. Work must be completed within reasonable time. Breach = consumer can claim damages, demand correction, or pay for repair elsewhere and deduct costs. "Reasonable care" is tested by average tradesperson standard for the price paid. Builder cannot contract away these rights.
Consumer Rights Act 2015, s.62 (Unfair Payment Terms)
Payment terms must be transparent and fair. Demanding payment for incomplete work is unfair and unenforceable. Retention clauses (withholding % until completion) are fair if amount is proportionate. Retention must be released when work is complete. Builder cannot hold retention indefinitely.
Small Claims Court Procedure (Under £100,000)
Accessible route for builder disputes. Cost under £100,000 in England/Wales. Hearing is informal; no solicitor required (helpful but optional). You claim for: cost to complete work, defect repair costs, or original contract value minus what builder performed. Courts often award full claim if evidence strong.

Builder Dispute Scenarios

Builder Abandons Halfway

Stop paying immediately. Builder cannot claim payment for uncompleted work. Hire another contractor, get completion quote, sue for difference. Withhold all remaining payments. Small claims will award you the cost to complete minus any value of partial work.

Work Completed but Low Quality

Breach of "reasonable care and skill" standard. Document defects. Get repair quotes. Demand builder correct defects; if refused, hire another contractor and deduct costs from final payment owed. If builder sues, defend in small claims citing defects and cost to remedy.

Missed Deadline, Ongoing Delays

If contract states completion date, breach if not met. You can withhold final payment and claim liquidated damages (pre-agreed delay penalty in contract) if included. If no penalty clause, claim reasonable damages for your inconvenience (rental of temporary housing, etc.) if applicable.

Retention Clause, Won't Release Final Payment

Retention (e.g. 10% withheld until end) is fair if amount is reasonable. But once work is complete, retention must be released. If builder refuses, sue for the retention amount in small claims. Court will order release once work is proven complete.

Builder Demands Payment for Incomplete Work

Refuse. Builder cannot claim payment for breach. You owe only for completed, quality work. If builder sues you, defend by citing incomplete work and cost to complete. Small claims will rule in your favour if evidence clear.

Dispute Over "Reasonable Care" Standard

Courts test against average tradesperson standard for the price. If you paid premium price, higher standard expected. If budget job, lower expectation. Get expert opinion (another builder's assessment) as evidence. Court will compare actual work to standard for similar price/scope.

Frequently Asked Questions

Can I refuse to pay if work isn't finished? +
Yes. Builder is obligated to complete work. Incomplete work = breach. You owe only for completed, quality work. Withhold final payment until completion. If builder sues, defend citing incomplete work. Court will rule in your favour.
What counts as "reasonable care and skill"? +
Standard of average tradesperson for the price paid. Work must be competent, safe, durable. Cosmetic finish issues may not breach standard; structural or safety failures do. Get second opinion from another tradesperson if dispute.
Can I hire another builder and deduct costs? +
Yes. Get written quote for completion/repair. You can deduct this cost from final payment owed to builder. Keep invoice as evidence. If builder disputes, produce contractor quote in small claims; judge will accept reasonable cost to remedy.
How do I calculate damages for incomplete work? +
Damages = cost to complete work by another contractor, minus any work builder already completed (pro-rata). Example: £20,000 contract, builder completed 60% competently = owe £12,000 for completion. You deduct this from remaining payment.
Can a builder claim payment for uncompleted work? +
No. Cannot claim payment for breach. They can only claim for work actually completed to standard. If 50% done, can claim 50% of proportionate value (if that work is quality). But cannot claim for abandoned contract.
Do I need a solicitor for small claims against a builder? +
No. Small claims court is designed for self-representation. Cost under £100,000. You file online, attend hearing (in person or video), present evidence (photos, quotes, emails, contract). Solicitor optional (helpful but costly). Most people succeed without one.

Builder Refusing to Complete or Charging for Poor Work?

File small claims and recover your costs to complete the job.

Start Your Builder Dispute Claim