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Read more articles in: Blog, Dispute Resolution, Lorraine Walker
When you hire a tradesperson, you expect the work to be completed properly and within the agreed timeline.
However, this is not always the case and some tradespeople may leave a project unfinished or completed to a poor standard.
When this occurs, it can cause delays, additional costs and contractual issues with suppliers or other contractors involved.
To protect your finances and your project, it is important to understand your rights early on and prepare a clear contract.
If a contractor walks away from your project without good reason, it may amount to a regulatory breach of contract.
Most construction contracts require a contractor or subcontractor to carry out the work with reasonable care and skill and to progress the project diligently.
Tradespeople can suspend the work in some limited circumstances, but only by issuing a formal and timely notice.
The first step in any construction dispute is to review the contract, as it is a written agreement that should set out the scope of the work, payment terms, deadlines, remedies for delays and processes for managing disputes.
If the contractor has failed to finish the job, it is important to look closely at any clauses relating to breach of contract and termination or compensation.
For homeowners, the Consumer Rights Act 2015 can offer additional protection when dealing with disputes.
Under the Act, all services must be carried out with reasonable skill and a reasonable price and time if not specified.
When a project is abandoned or carried out poorly, you may be entitled to:
If your contractor unexpectedly leaves the project, it is important to take prompt action.
Before any further steps are taken, you must attempt to contact the tradesperson to understand the reason for the delay and set a clear deadline for completion.
Clear documentation and a written record of all communications and photographs of the site are essential for any construction dispute.
If your project is covered by a building warranty or specialist construction insurance, you should notify your insurer, as some policies cover the losses from incomplete work.
Some tradespeople often belong to a trade body, such as the Federation of Master Builders (FMB) or the National Federation of Builders (NFB).
If they are associated with a body, you may be able to access their complaints or dispute resolution policies and they can provide added pressure or an independent assessment.
In some cases, you may be entitled to withhold further payments to the tradesperson if this does not put you in breach of your contractual obligations.
Hiring another tradesperson to fix or complete the work may be required and keeping detailed records of all quotes and costs is important if they are later recovered from the initial contractor.
Finding a new tradesperson or managing a dispute can take time, so your site and materials must be secure to prevent any further loss.
When dealing with construction disputes, it can be overwhelming, especially when you are unsure of the legal steps to take.
With the right support, we can help you understand your rights and confirm if there was a breach of contract.
If you are unable to resolve the dispute directly with the tradesperson, a solicitor can issue a formal letter before action, which encourages contractors to respond quickly to avoid court proceedings.
If necessary, you can pursue a breach of contract claim for the cost of completing the work and any additional expenses caused by the delays.
Also, you may be eligible to claim compensation and it is essential to reach out for legal support when a dispute arises.
For smaller claims under £10,000, these can be pursued through the Small Claims Court and any cases that involve serious misconduct should be reported to Trading Standards or relevant trade associations.
Construction disputes can be intimidating, especially if you are unfamiliar with the sector, but with the right legal support, you can find an efficient resolution.
If a contractor abandons your project or refuses to complete the work, you do not need to handle the situation alone.
Early legal advice can help you avoid costly mistakes and understand your contractual rights.
To reduce the risk of future disputes, we can help you create a clear written contract and organise detailed records before issues arise.
Our expert team can guide you through each stage of the construction dispute process and help get your project back on track.
If you need advice on an unfinished project or contract dispute, contact our team today.
Solicitor – litigation and dispute resolution
Prior to qualifying as a solicitor, I worked within the education sector as a senior leader in a secondary school.
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