Paid Builder work not done

Home extension projects can be expensive. Whilst it is unusual for a builder to demand full payment upfront, they commonly require an initial deposit of between 10% and 20% to cover materials, followed by staged payments throughout the course of the project. With the cost of an extension regularly exceeding £100,000, even the initial deposit can leave homeowners considerably out of pocket if a builder goes AWOL without finishing the job. Worse still, a homeowner who has paid a builder for work not done can be left with a home that is unsightly or even dangerous, to the point of being uninhabitable. As a result, they may face the prospect of having to pay again for another builder to finish the job.

Our expert building disputes solicitors can assist you in understanding and enforcing your rights against the builder, so you can get the project back on track and completed as quickly and cost-effectively as possible.

Where clients are looking for one off initial guidance to understand what steps to take  in relation to a dispute we usually recommend a fixed fee consultation in the first instance. The fixed fee allows you to understand how complex a dispute you may have, and the potential costs of any future legal action, as well as what steps you may be able to undertake yourself, before you commit yourself to any additional legal costs or actions.

For a confidential free discussion, call us today on 01908 414990,  alternatively email us at Hello@altion-law.co.uk or complete our Free Enquiry Form and we will call you back.

Paid Builder work not done – what are my options?

It may seem obvious, but the first thing you should do if your builder is refusing to finish the job is to speak to them. There may be a valid reason for their failure, such as an inability to source the materials. If they do not answer your calls or correspondence, or if your discussions go nowhere, it may be time to consider further action.

You have several options to address a situation where you have paid your builder for work not done which include the following:

• Issue Court proceedings

When you agree with your builder that they will carry out work in return for payment, you enter into a contract with them. Ideally, your agreement with the builder will be in written form, and contain detailed terms relating to matters such as the works to be carried out, timeframes, when payments are to be made and each party’s rights and obligations. However, in residential home improvement projects, the contractual documentation often constitutes little more than a quotation comprising a general overview of the works to be undertaken and a rough description of the milestone payments required from the homeowner. Sometimes, homeowners have nothing at all in writing, relying merely on the builder’s verbal descriptions and assurances.

If you don’t have a clear written agreement, or if your agreement is in the form of a simple quotation, don’t panic; whatever form your agreement with your builder took, it will constitute a binding contract. Accordingly, your builder’s failure to complete the work may constitute a breach of contract for which you can sue. If your claim succeeds, you may be entitled to various remedies, including forcing the builder to complete the job, repayment of the sums paid to the builder for work not done and recovery of any additional sums you paid to another builder to finish the job.

You may also have rights under the Consumer Rights Act 2015, which applies to the relationship between tradespeople and homeowners. Under the Act, your builder must complete the work within a ‘reasonable time frame’. Any failure to do so may give rise to a claim for various remedies, including, in some cases, a full refund.

• Alternative dispute resolution

Many issues arising from a homeowner having a paid a builder for work not done are resolved through alternative dispute resolution (ADR), even if proceedings have already been issued. There are several ADR methods, all of which are usually cheaper and quicker than litigation. For example, a form of ADR known as mediation often produces excellent results in building disputes.

The mediation process involves an independent third party, the mediator, working with the parties to reach a mutually agreeable settlement. Mediations can be arranged quickly, and the parties control the time, venue and format. Anything you say in a mediation is private and cannot be referred to in subsequent Court proceedings.

• Contact Trading Standards

If you have paid a builder for work not done, you should consider reporting them to Trading Standards. The role of Trading Standards is to safeguard consumers against unfair trading, which includes protecting homeowners from rogue builders. There are many reported instances of Trading Standards taking action against tradespeople who leave building works unfinished, usually when the builder’s actions are wilful, reckless, and widespread. Whilst Trading Standards cannot obtain damages for an individual homeowner, they can ask the Court to order the builder to compensate their victims. The builder may also face imprisonment, be disqualified from owning or managing a company and be forced to pay a fine.

Paid Builder work not done – what should you do?

If your discussions with your builder have failed to bear fruit and further action is necessary, you should take the following initial steps:

• Check your contract with the builder

If you have a comprehensive written agreement with your builder, you should check its terms relating to the builder’s obligations with regard to the work, and your obligations with regard to payment. If your agreement does not sufficiently address these matters, or you do not have a written agreement, you should collate any material that may assist in establishing the relevant terms. That material may include quotations, letters, emails and text messages. If your interactions with your builder were in person, you should make a written note of your recollections of your conversations.

• Collate and retain all relevant documentation

It is a good idea to put anything you say to your builder about their failure to finish the job in writing and follow up any conversations by email or text message. If the builder refuses to answer your calls, keep a diary of the times when you try to contact them.

• Seek legal advice

When you have paid a builder for work not done, timely legal advice is crucial. By getting expert building disputes solicitors like ours on board from the start, you stand the best chance of achieving your desired outcome. Whether that be the completion of the work, repayment of the money paid or recovery of sums paid to another builder to finish the job. Our advice is practical, concise and solution-focused, and we will work tirelessly to resolve the issue as quickly and cost-effectively as possible.

Houses are valuable assets and residential building projects builds are often expensive projects. It is becoming rarer to see small claims matters for building disputes, as the costs of building materials have significantly increased over recent years meaning even smaller projects are often in excess of £10k. Where disputes are larger and more complex, it is not unusual for legal costs to be upwards of £10k. As you can be made responsible for the other sides costs if you lose or behave unreasonably, you should take legal advice to ensure you are aware of the strengths and weaknesses of your position, before committing to a course of action. Once our lawyers have reviewed your documentation and spoken with you, they will provide more detailed advice and costs estimates.

Where clients are looking for one off initial guidance to understand what steps to take  in relation to a dispute we usually recommend a fixed fee consultation in the first instance. The fixed fee allows you to understand how complex a dispute you may have. It covers the potential costs of any future legal action, as well as what steps you may be able to undertake yourself, before you commit yourself to any additional legal costs or actions.

For a confidential free discussion, call us today on 01908 414990.  Alternatively email us at Hello@altion-law.co.uk or complete our Free Enquiry Form and we will call you back.