Taking a Builder To Small Claims Court: When Can I Take My Builder to Small Claims?

In the UK, there are legal protections in place to shield consumers from the financial impact of poor and unfinished home building work. You can easily prepare and submit a claim against your builder using CaseCraft.AI, a secure platform that helps you manage and track your small claims court case without the need for specialist legal knowledge. 

What Should You Do if a Builder Does a Bad Job?

If a builder does a bad job, before resorting to legal action you should first attempt to reach an amicable resolution. Mismanaged expectations, changes to the cost of materials and planning permit delays are just a few of the many avoidable frustrations that can lead to home building disputes if clear communication isn’t established. 

Refer to your schedule of work, and double check what was agreed in writing. If the home building works undertaken do not comply with your written schedule, or damage has been done to your property during works, you could have cause to seek restitution. 

If you have faith in the builder’s ability to make good what was damaged or unfinished, you can ask them to rectify the problem. If you have lost complete faith in your builder, you can ask for a full or partial refund, and get another builder to make repairs. It can often be more costly to have a second builder complete unfinished works, so it is advisable to request repairs from your initial contractor if practical, rather than involving a third party.

Should amicable discussions with your builder fail, you can file a home building dispute claim with the County Court and go through mediation. If mediation fails, you may be invited to attend a hearing, where a judge will decide whether your claim is upheld or not. From there, steps can be taken to reclaim funds if your builder still refuses to pay. 

What Would Be Considered a Breach of the Contract in a Builder Dispute?

Some examples of a breach of home building work contract include:

• Negligently executed home building work, or an incompetent performance of tasks by someone on your builder’s crew,
• Deviation from architectural drawings or plans drawn up as part of your schedule of work
• Non-compliance with planning permission or structural engineer calculations of building regulations,
• Using the incorrect building materials, such as the wrong paint, tiles, flooring or fixtures and fittings – you would need to provide written evidence of agreed materials to claim for this,
• Failing to meet agreed deadlines, where delays are severe and have a significant impact on you, for instance, delaying your ability to move into your property
• Payment disputes, where your builder claims that you are not paying them the agreed amount on time, or you are withholding payment due to incorrect or inadequate work

What Should You Do if a Builder Breaches a Contract?

First, review your contract to understand the terms and obligations. Once it’s crystal clear exactly what was agreed to, write down any breaches or failures your builder has made. Speak to your builder and explain the situation, showing them your evidence of agreement breach or failure. Make a written request that they carry out remedial works or refund you, and attempt to get an agreement in place that works for both parties. 

If a builder breaches your contract and refuses to make good, you can sue them in their personal name. If they operate a limited company and you know what it is called, you may be able to file a claim against the company instead, depending on the terms of your contract. 

While it is frustrating when home building works fail to meet expectations, taking a builder to small claims court can be a lengthy and costly process. It’s important to attempt amicable resolution, and to ensure that you have weighed up the time, effort and money required to file your County Court claim before doing so. 

Can I Take a Builder to Court Without a Written Contract?

Wondering how to take a builder to small claims court without a written contract? If a verbal contract can be established and implied terms exist between you, it may still be possible to make a claim under the Consumer Rights Act 2015. You will need to gather as much evidence to support your claim as possible, such as emails, text messages, invoices and witness statements. Your builder may tell the judge that they have a different understanding of the agreement between you, and any ruling will be at the judge’s discretion. 

Can You Take a Builder To Small Claims Court if They Have an Existing CCJ?

Yes, you can take a builder to small claims court even if they have a Credit Control Judgment (CCJ) against them already. It is possible to make a new claim against a builder who already has an existing CCJ. If you are successful in receiving a judgment in your favour, further enforcement measures may be taken against them.

How Do I Stop a Builder Taking Me To Small Claims Court?

If you have entered into a dispute with your builder, agreeing a schedule for works to be completed and remaining payments to be paid is the best solution. Positive communication can help eliminate any confusion around the scope of work and clarify both parties’ expectations.

If you are being pressured to pay for building work that you feel does not meet the agreed schedule of work, and you are concerned about being taken to small claims court by your builder, it is advisable to seek legal advice from a solicitor or to contact citizens advice and discuss your options with an expert. 

Defending against a builder’s claim may require you to provide evidence that all agreed payments have been made where work has been completed on time and to the agreed scope. If there is no contract or signed schedule of work, a judge will decide whether to uphold your builder’s claim based on the evidence provided, which may include any quotes provided, messages or emails sent and witness statements relating to verbal agreements reached.

What Are the Costs To Start a Builder Dispute?

When taking a builder to small claims court there are court fees to pay upfront. These costs will vary, depending on how much money you are claiming for. Should your case be heard in front of a judge, there will be an additional hearing fee, which will also vary based on the size of your claim. If you win your case, the builder will pay your fees. If you lose, you will need to pay your fees and possibly theirs, too.

Filing Your Claim With the Small Claims Court Track at County Court

Taking a builder to small claims court is easier and less stressful with CaseCraft.AI. This simple, secure platform makes it easy to prepare and file your claim, and to check on the status of your case. Thanks to CaseCraft.AI’s reliable deadline alerts and virtual legal support, you’ll never miss a step in your claim process or be unsure what to do next.