Common Builder & Tradesperson Negligence Claims
Legal Basis for Claims — Consumer and Commercial
- Consumer Rights Act 2015 s.49 — for consumer clients (not in trade), all building and trade services must be carried out with reasonable care and skill. Right to repeat performance first; right to a price reduction (up to full refund) where repeat performance is not possible or not carried out promptly.
- Common law contract (business clients) — businesses rely on the Supply of Goods and Services Act 1982 (implied terms: reasonable care and skill, reasonable time, reasonable price) or the express terms of a building contract (JCT, NEC, or bespoke form).
- Defective Premises Act 1972 s.1 — persons taking on work in connection with the provision of a dwelling owe a duty to ensure that the work is done in a workmanlike or professional manner, with proper materials, so that the dwelling will be fit for habitation when completed. This duty is owed to the client and subsequent owners — with a 15-year limitation period from completion (s.1(5), extended by the Building Safety Act 2022 for new buildings).
- NHBC Buildmark warranty — new homes built by NHBC-registered builders carry a 10-year Buildmark warranty: the first 2 years are covered by the builder (who must remedy defects); years 3–10 are covered by NHBC directly for structural defects. A solicitor advises on whether the defect falls within the Buildmark scope and how to make a claim against NHBC where the builder fails to remedy.
Frequently Asked Questions
The builder says the defects are not their responsibility — they followed the client's instructions.
A builder who believes client instructions will result in defective or non-compliant work has a professional obligation to advise the client of the consequences — not to silently comply and then blame the client when problems arise. Where a builder fails to warn that client instructions will produce defective work, and proceeds to carry out the work as instructed, the builder may still be liable for the defect under the duty to act with reasonable skill and care. However, where a client insists on a particular specification against the builder's expressed advice, contributory negligence may reduce damages. A specialist solicitor and independent expert analyse the cause of the defect and the extent of responsibility.
The builder has a limited company — can I still recover if the company has no assets?
Where the builder has traded through a limited company that is now insolvent or has been dissolved, recovery becomes more difficult. However, where the director was personally involved in the negligent work or personally guaranteed the contract, a personal claim may be available. Where the company was dissolved, it can be restored to the register by a court order (s.1029 Companies Act 2006) and then pursued. Where the defect affects a dwelling and the Defective Premises Act 1972 applies, the duty is owed by "persons taking on work" — which may include individual tradespeople as well as the corporate entity. A solicitor advises on all available routes for recovery in each case.
Building regulations approval was obtained — does that mean the work was done correctly?
No — building regulations approval (whether through the local authority Building Control or an Approved Inspector) confirms that the plans and, where inspected, the work at the point of inspection met the minimum Building Regulations standards. It is not a warranty of quality, not a statement that all work was inspected, and not a guarantee that the finished building is defect-free. Many defects arise in work that was never inspected (work carried out between inspections) or that technically complied with minimum standards but was nonetheless negligently executed. An independent structural expert assesses the work against the standard of a reasonably competent builder — independently of Building Regulations compliance.
What happens if the builder completes additional uncharged remedial works — is the claim prejudiced?
If a builder undertakes remedial works to defective elements of their original work, this does not automatically waive or prejudice your right to claim for the original defects or for any losses already suffered (for example, water damage caused before the remedial works). However, practical issues arise: the remedial works may remove or conceal the evidence of the original defect, making it harder to establish the cause. It is important to document the defects — with photographs, an independent expert report, and written records — before any remedial works take place, regardless of who carries them out.
Can I claim for the cost of alternative accommodation while remedial works are carried out?
Yes — where defective building work has rendered a property uninhabitable or significantly disrupted its use, and the remedial works require the occupants to vacate, the reasonable cost of alternative accommodation during the remedial works is a foreseeable consequential loss recoverable from the builder. This is subject to a duty to mitigate — you must take reasonably priced alternative accommodation and cannot claim the cost of a luxury hotel where a modest alternative was available. A solicitor includes the accommodation cost in the claim and ensures the full consequential loss is properly documented.