What rights do I have under the Consumer Rights Act 2015 when a contractor does poor work?
Under the Consumer Rights Act 2015, services must be performed with reasonable care and skill. If the work falls short, you have a right to ask the trader to repeat the service at no extra cost. If repeat performance is impossible or not done within a reasonable time, you are entitled to a price reduction of up to 100 per cent.
How do I write an effective letter before action to a contractor in England?
A letter before action should set out the defects clearly, reference the Consumer Rights Act 2015, state what remedy you require (repeat performance or refund), give a reasonable deadline of 14 days, and state that you intend to issue a claim in the small claims court if the matter is not resolved. Keep a copy and send it by recorded post.
What trade body complaint schemes can I use against a rogue contractor?
TrustMark and the Federation of Master Builders (FMB) both operate dispute resolution schemes for registered members. If the contractor is not a member, you can report them to Trading Standards via the Citizens Advice consumer helpline on 0808 223 1133, which can investigate and prosecute rogue traders.
What protection do I have for new build defects through the NHBC?
The National House Building Council (NHBC) Buildmark warranty covers new build homes for two years for builder defects and ten years for structural defects. You must report defects to your builder first, then escalate to NHBC if unresolved. The Resolution service is free.
When can I use the small claims court for a contractor dispute in England?
You can use the small claims track in the County Court for disputes up to £10,000. File your claim online at Money Claim Online (MCOL) at gov.uk/make-court-claim-for-money. Court fees are scaled by claim amount and start from £35. You do not need a solicitor.
What is the Technology and Construction Court pre-action protocol?
For higher-value construction disputes, the TCC Pre-Action Protocol requires parties to exchange a letter of claim and a letter of response before issuing proceedings, and to consider alternative dispute resolution. This applies where the TCC has jurisdiction, generally claims above £250,000 or those involving complex technical issues.
Can I withhold payment from a contractor if the work is defective?
You can withhold a reasonable sum representing the cost of making good the defects, provided you have a genuine dispute about the quality of work. Do not withhold payment for work you accepted without objection. If you paid in full, you must pursue a refund or price reduction claim rather than withhold.
What evidence should I gather in a home improvement contractor dispute?
Gather photographs of the defective work with timestamps, copies of all contracts or written quotes, all emails and messages with the contractor, invoices and payment records, and independent assessments or quotes from other tradespeople for remedial work. This evidence is essential for small claims proceedings.
Does any part of the contractor dispute process require notarisation?
Small claims court forms and letters before action do not require notarisation. Statements of truth on court documents must be signed honestly but are not notarised. Witness statements in small claims proceedings are straightforward self-drafted documents.
How does uplaw.ai help with contractor disputes in England?
Tell us what work was carried out, what went wrong, how much you paid, and what the contractor has said in response. We help you identify the right route, draft a letter before action, and prepare small claims court documents without a solicitor.
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