What legal protection do I have against a bad builder in England?
Under the Consumer Rights Act 2015 any service provided by a trader to a consumer must be performed with reasonable care and skill, within a reasonable time, and at a reasonable price if not agreed in advance. If a builder fails to meet these standards you have the right to require the work to be redone, or a price reduction if redoing it is not possible or proportionate.
What should I do before starting a dispute with a builder?
Before starting formal proceedings you should write to the builder setting out the defects or failures in detail, what you want done to resolve the matter, and a reasonable deadline. Keep all correspondence, photographs of the defects, invoices, and quotations for remedial work. A written record is essential for any subsequent complaint or court claim.
What is the Federation of Master Builders dispute service?
The Federation of Master Builders (FMB) operates a disputes service for customers who have contracted with an FMB member. If the builder is a member, you can submit a complaint and the FMB will attempt to mediate. If mediation fails, the FMB can arrange an independent inspection. Not all builders are FMB members — check before relying on this route.
What protection does the NHBC offer for new build homes?
The National House Building Council (NHBC) Buildmark warranty covers most new-build homes in England. In the first two years the builder is responsible for fixing defects covered by the warranty. From years three to ten the NHBC covers structural defects directly. If you have a new-build dispute, check whether your home has an NHBC warranty before pursuing other routes.
Can I use the small claims court for a builder dispute?
Yes. Claims up to £10,000 in England are heard in the small claims track of the county court. You can bring a claim without a solicitor through the Money Claim Online service at gov.uk. You will need evidence of the defects, estimates for remedial work, and copies of your contract and any correspondence with the builder.
What is the Technology and Construction Court pre-action protocol?
For larger construction disputes the Technology and Construction Court (TCC) has a pre-action protocol that requires both parties to exchange letters of claim and response before proceedings are issued. The claimant's letter must set out the claim in detail. Parties are also expected to consider alternative dispute resolution. Following the protocol is expected by the court and non-compliance can affect costs.
What is adjudication under the Construction Act 1996?
Adjudication is a statutory right under the Housing Grants, Construction and Regeneration Act 1996 (the Construction Act) available in most construction contracts. Either party can refer a dispute to an adjudicator at any time and must receive a decision within 28 days. Adjudication is binding unless subsequently overturned in court or arbitration. It is faster and cheaper than litigation for mid-value disputes.
What if the builder has gone into liquidation?
If the builder has gone into liquidation you can submit a claim as a creditor in the insolvency, though unsecured creditors often recover little. If you paid by credit card you may be able to claim under Section 75 of the Consumer Credit Act 1974. Check whether you have a warranty or insurance policy covering the work. Some trade associations also offer consumer protection funds.
Is there a time limit for claiming against a builder in England?
The standard limitation period for a contract claim in England is six years from the date the cause of action arose. For a claim in negligence it is generally six years from when the damage occurred or was discovered. Under the Defective Premises Act 1972 there is a six-year period for claims relating to the construction of a dwelling.
How does uplaw.ai help with builder disputes in England?
Tell uplaw.ai what work was done, what went wrong, and what the builder has said in response. We help you draft a formal letter of complaint, understand whether small claims or adjudication is the right route, and identify the relevant pre-action steps.
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