What to do if a Builder doesn’t finish a job
Undertaking home improvement work can be a daunting prospect, but it is one that usually pays off in the long run. However, occasionally, things don’t go to plan. The builder’s work might not be up to standard, or they might veer away from what was agreed. Your builder may take an unacceptably long time to complete the job or, worse still, may have left the project unfinished. Here, our expert building dispute solicitors explain what to do if a tradesperson doesn’t finish a job.
Steps to take if a Builder doesn’t finish a job
We set out below a general overview of what to do if a tradesman doesn’t finish a job. However, the exact steps you should take depend on the nature of the project and the circumstances surrounding their failure to complete the work. It is always best to seek expert legal advice from experienced building dispute solicitors, like ours, as soon as you become aware of a potential issue to ensure your rights are fully protected and you do not do anything that may jeopardise your position.
The steps you should consider taking if your builder doesn’t finish the job are as follows:
- Speak to the builder
The first thing you should do is try to resolve the issue with the builder directly. There may be a valid reason for their having left the work unfinished – they may have been unwell or had problems sourcing the necessary materials, for example. Sometimes, by having an open and frank discussion with the builder, you can work out a mutually acceptable way forward. Giving the builder a deadline or an ultimatum is often advisable, so you both know where you stand, and the matter is not allowed to drag on.
You should put all communications with your builder in writing, so you can evidence what was said should you need to take further action. If you speak to the builder in person, try to follow up your discussions with an email, or at least make a dated note of the conversation.
- Ascertain the builder’s position
If the builder has simply gone AWOL, taking their tools and leaving the project half-finished, it can be fairly obvious that the job has not been completed.
Sometimes, however, your perception of whether or not the job has been finished may differ from that of your builder. It is, therefore, essential to establish the builder’s position. Do they accept that the work is incomplete, or do they consider that they have fulfilled their obligations? If the builder maintains that they have completed the job, but you disagree, you may be protected under the Consumer Rights Act 2015, which states that tradespeople must complete their work with ‘reasonable care and skill’.
We can offer initial fixed fee advice in this area. Residential Building Disputes are often expensive and may not always achieve the result you require. 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. Where clients are looking for one off initial guidance to understand what steps to take in relation to a dispute or if taking a dispute forwards is the correct step, we usually recommend a fixed fee consultation in the first instance.
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.
- Document everything
You should collate and retain any correspondence and documentation that may assist you in proving your position should you need to do so.
Examples of the types of material that may be important include the following:
- Your contract
- Emails between you and the builder
- Text messages between you and the builder
- Notes of your conversations with the builder
- Invoices
- Payment records
- Photographs of the work
- Check your contract
Ideally, you will have entered into a written agreement with your builder before they started the work. If you did, that contract may contain details crucial to the dispute you now face. For example, it may include terms relating to when the job should be completed by, and details of any complaints procedures.
If you did not enter into a written agreement with your builder, don’t panic. The fact that you agreed with them that they would do the work will suffice to establish a contract between you. The terms of that contract may, however, be trickier to evidence, and may involve piecing together your intentions through correspondence. We can help with that.
In addition to any express rights under your contract, you may have statutory rights under the Consumer Rights Act 2015. Under the Act, any tradesperson who supplies a service to a consumer must, by law, do so with ‘reasonable care and skill’ and within a ‘reasonable time frame’. If the builder fails to do so, the consumer may be entitled to various remedies, including the right to ask for a reduction in price or even a full refund.
- Speak to us about what to do if a tradesman doesn’t finish a job (UK)
The appropriate course of action in any given case depends entirely on the facts. For example, if you have not paid your builder up front, your best bet may be to simply move on and find another builder to finish the job. Of course, if you will be out of pocket for having to do so, you may be able to claim those losses from your original builder. The new builder may cost more, for instance, or they may need to undertake remedial works before they can proceed, meaning the project will cost more than originally anticipated.
What to do if a tradesman doesn’t finish a job (UK) can be a particularly thorny issue if you have paid your builder upfront. Depending on the circumstances, you may be keen to force the original builder to adhere to your agreement, or you may simply want to get your money back and go elsewhere. Whatever your goals, you need a practical, cost-effective solution that achieves those goals as quickly as possible, so that you can get the project back on track.
Our building dispute resolution team have extensive experience helping homeowners understand what to do if a tradesman doesn’t finish a job. We will review all relevant information and documentation and devise a strategy that achieves the outcome you desire in the quickest possible time frame. Sometimes, this involves Court proceedings, but more often than not, we achieve excellent results for our clients through negotiation or alternative dispute resolution methods, such as mediation.
Where clients are looking for one off initial guidance to understand what steps to take in relation to a dispute or if taking a dispute forwards is the correct step, we usually recommend a fixed fee consultation in the first instance.
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.
