Builder & Tradesperson Negligence Claims Solicitors
Defective building work, structural failures caused by negligent construction, and unfinished projects that leave a property in a worse condition than before the builder was engaged — these are common, and the law provides a clear remedy.
Builders and tradespeople are subject to implied terms of the Supply of Goods and Services Act 1982 (now the Consumer Rights Act 2015 for consumer contracts) — to carry out their services with reasonable care and skill, within a reasonable time, and using materials of satisfactory quality. Where a builder or tradesperson fails to meet these standards — whether by defective workmanship, structural failure, use of unsuitable materials, or abandonment of the project — the client has a claim in contract and potentially in negligence for the cost of remedying the defects and for any consequential losses. A solicitor will advise on the claim and pursue it effectively.
Builder & Tradesperson Negligence — Common Types of Claim
Builder and tradesperson negligence — the most common types of defective work claim and the remedies available to recover the cost of putting it right.
A builder who carries out defective work is in breach of the terms of the building contract and their implied statutory duty of care — giving the client a right to recover the cost of remedying the defects and any consequential loss. A solicitor will manage the claim and ensure the client recovers the full measure of their loss.
Defective workmanship — building work that falls below the required standard
The Consumer Rights Act 2015 implies a term into all consumer contracts for services that the service will be performed with reasonable care and skill. Where a builder's workmanship falls below that standard — poorly laid foundations, inadequate damp-proofing, incorrectly installed roof coverings, defective brickwork, or improper drainage — the client is entitled to: have the defective work remedied at the builder's expense; claim damages for the cost of engaging a replacement contractor to remedy the defects (where the original builder refuses or cannot do so); and recover any consequential losses (the cost of alternative accommodation during repair; damage to contents caused by water ingress from defective roofing). A solicitor will obtain a schedule of defects from an independent expert and pursue the claim.
Structural failures — negligent construction causing structural damage
Where a builder's negligent construction causes structural damage to a property — underpinning that fails, load-bearing walls removed without adequate structural support, extensions built without adequate foundations — the cost of remediation can be enormous. A solicitor will instruct a structural engineering expert to identify the cause of the structural failure, determine whether it was attributable to the builder's negligence, and quantify the full remediation cost. The claim encompasses the cost of structural remediation, the cost of making good ancillary damage (redecoration, reinstatement of flooring and finishes), and any consequential losses (alternative accommodation costs during extensive repair works). A building surveyor expert will typically also be required to prepare a detailed schedule of defects and remediation costs.
Abandoned projects — builders who leave the work unfinished
Where a builder abandons a project before practical completion — walking off site without completing the work, often after receiving interim payments — the client is in a particularly difficult position. The client must engage a replacement contractor to complete the work — typically at a higher cost than the original contract sum (because the replacement contractor must remedy the defective work of the first contractor as well as complete the outstanding items). The client can recover from the original builder: the additional cost of employing the replacement contractor over and above the original contract sum; the cost of remedying any defective work carried out by the original contractor; and any losses suffered as a result of the delay in completing the works. A solicitor will quantify the full loss and pursue the original builder for it — through the county court or (for larger claims) the Technology and Construction Court.
Materials not to specification — substandard or unsuitable materials
The Consumer Rights Act 2015 also implies that any materials supplied as part of a service contract must be of satisfactory quality — fit for the purpose for which they are intended. Where a builder uses materials that are not to specification (substandard bricks; non-compliant roofing felt; inadequate DPC material; paint of insufficient quality for an exterior application), the resulting defects are the builder's responsibility. A solicitor will instruct a building materials expert where necessary to establish that the materials used were not of satisfactory quality, and pursue the builder for the cost of replacing the substandard materials and remedying the consequences of their use. Materials failures can often be identified in the Schedule of Defects prepared by an independent building surveyor.
Failure to complete within a reasonable time — delay claims
The Supply of Goods and Services Act 1982 (now the Consumer Rights Act 2015) implies a term that a service will be performed within a reasonable time — or within the time agreed in the contract. Where a builder significantly overruns the agreed completion date and the client suffers loss as a result — the cost of alternative accommodation; the cost of a rental property during the delay; loss of rental income from the delayed property — the client can recover those losses from the builder. A solicitor will calculate the delay period, identify the losses attributable to the delay (as distinct from losses attributable to other causes), and pursue the claim for delay damages. Dispute resolution under the building contract — adjudication, arbitration, or litigation — may be available depending on the contract terms.
NHBC and building warranty claims — new build defects
New build homes sold with an NHBC Buildmark warranty or similar builder's warranty are covered for structural defects during the warranty period (typically 10 years). Where a new build home develops a structural defect covered by the warranty and the builder fails to remedy it, the homeowner can claim under the NHBC warranty — and, if the NHBC claim is not resolved satisfactorily, through NHBC's Resolution Service or the New Homes Ombudsman. A solicitor will advise on the warranty claim procedure, prepare the claim, and — where NHBC or the builder dispute liability — pursue the claim through the appropriate dispute resolution mechanism. For defects that may engage the builder's common law negligence liability (latent defects caused by negligent construction), a civil claim may also be available in parallel with the warranty claim.