When a builder fails to meet their contractual obligations, a formal breach of contract letter is your first step toward resolution. This guide explains what makes a legally robust letter, what it must contain, and how JustClaim can generate one for you automatically.
The Easy Way: Instead of piecing together a template and hoping you've got it right, JustClaim's AI legal assistant asks you simple questions about your situation and generates a professionally-drafted breach of contract letter tailored to your specific case - in minutes.
Understanding Builder Contracts in England & Wales
Before writing a breach of contract letter, it's important to understand what constitutes a valid contract and what types of breaches can occur.
What Forms a Valid Building Contract?
A legally binding contract doesn't require formal paperwork. Under English law, a contract exists when there is:
- Offer and Acceptance - Builder offers to do work, you accept
- Consideration - Exchange of money for services
- Intention to Create Legal Relations - Both parties intend the agreement to be binding
- Certainty of Terms - Clear understanding of what work will be done
This means even a verbal agreement, text message, or email exchange can form a legally binding contract. However, written contracts make proving the terms significantly easier.
Implied Terms in Building Contracts
Even without a written contract, UK law implies certain obligations on builders:
- Supply of Goods and Services Act 1982 - Work must be carried out with reasonable care and skill
- Consumer Rights Act 2015 - Services must be performed with reasonable care and skill, within a reasonable time, and for a reasonable price (if not agreed upfront)
- Building Regulations 2010 - Work must comply with building regulations and safety standards
Types of Breach of Contract
Understanding the type of breach strengthens your letter and potential court claim. There are two main categories:
Material Breach (Fundamental Breach)
A material breach goes to the heart of the contract and substantially deprives you of what you were meant to receive. Examples include:
- Builder abandons the project entirely
- Work is so substandard it must be completely redone
- Builder uses fundamentally different materials than specified
- Structural work that fails to meet building regulations
Legal Impact: Material breach entitles you to terminate the contract, refuse further payment, and claim all losses including cost of remedial work.
Minor Breach (Partial Breach)
A minor breach is a failure that doesn't go to the heart of the contract. Examples include:
- Work completed late but to acceptable standard
- Minor cosmetic defects that can be easily fixed
- Using slightly different materials that don't affect quality
Legal Impact: Minor breach doesn't allow you to terminate, but you can claim damages for the specific loss caused by the breach.
Not Sure What Type of Breach You Have?
Our AI legal assistant will assess your situation, identify the breach type, and draft a letter that uses the correct legal terminology for your specific case.
Essential Components of a Breach of Contract Letter
A legally effective breach of contract letter must contain specific elements to be taken seriously and to protect your position if the case goes to court.
Your Letter Must Include:
Sample Breach of Contract Letter Structure
Here's what a properly-structured breach of contract letter looks like. This is for illustration - JustClaim generates a version tailored specifically to your case:
BREACH OF CONTRACT NOTICE
[Your Name]
[Your Address]
[Your Email]
[Your Phone]
[Date]
[Builder's Name]
[Builder's Business Name]
[Builder's Address]
Dear [Builder's Name],
RE: Breach of Contract - Building Works at [Property Address]
I am writing to formally notify you of a breach of contract regarding building works undertaken at my property.
1. THE CONTRACT
On [date], we entered into a contract whereby you agreed to [describe agreed work]. The agreed price was [£amount], to be completed by [completion date].
[Reference to quote/invoice number, written contract, or other evidence of agreement]
2. THE BREACH
You have breached the contract in the following ways:
[Specific description of breach - e.g., "The work was abandoned on [date] with [X%] remaining incomplete" or "The work completed does not meet building regulations and contains the following defects: [list]"]
These breaches constitute a material/fundamental breach of contract [or "constitute breaches of the implied terms under the Supply of Goods and Services Act 1982"].
3. FINANCIAL LOSS
As a direct result of your breach, I have suffered the following losses:
• Amount paid to you for unsatisfactory work: £[amount]
• Cost of remedial work (quote attached): £[amount]
• [Any other losses]: £[amount]
Total Loss: £[total]
4. REMEDY SOUGHT
I require you to [return to complete the work to a satisfactory standard at no additional cost / refund £[amount] / pay compensation of £[amount] for remedial work] within 14 days of the date of this letter.
5. NEXT STEPS
If you fail to respond to this letter within 14 days, or if you refuse to provide the remedy sought, I will have no choice but to commence legal proceedings in the County Court without further notice. This may result in you being liable for court fees and interest on the sum claimed in addition to the principal amount.
I trust this matter can be resolved without the need for court action and look forward to your prompt response.
Yours sincerely,
[Your Name]
Key Legal Terminology to Include
Using the correct legal language strengthens your letter and shows you're serious. Essential terms include:
Critical Legal References
- "Material breach" or "fundamental breach" - For serious breaches that go to the heart of the contract
- "Supply of Goods and Services Act 1982" - Implied duty of reasonable care and skill
- "Consumer Rights Act 2015" - For consumer contracts
- "Breach of implied terms" - When no written contract exists
- "Specific performance" - Asking them to complete the work
- "Damages" or "compensation" - Money to put you back in the position you should have been
- "Remedial costs" - Cost to fix the defective work
- "Without prejudice" - Only use if offering settlement negotiation
Skip the Legal Jargon Headache
JustClaim's AI knows exactly which legal terms to use for your situation. Just describe what happened in plain English - we'll translate it into proper legal language automatically.
The Complete Escalation Path
A breach of contract letter is just the first step. Here's the complete journey from initial letter to court judgment - and how JustClaim handles each stage:
Breach of Contract Letter
Formal notice of breach, giving 14 days to remedy. This is your opening move - making clear you know your rights and are prepared to act.
JustClaim: Automatically generated based on your case details
Letter Before Action (Pre-Action Protocol)
If no response to breach letter, escalate to formal pre-action letter required by Civil Procedure Rules. Must include detailed information about your claim and follow strict protocol.
JustClaim: Complies with Practice Direction on Pre-Action Conduct automatically
Court Claim (Form N1)
If still no resolution, file claim with County Court. For claims under £10,000, this goes through the small claims track - designed for people without lawyers.
JustClaim: Generates completed N1 form with all required particulars of claim
Court Hearing & Judgment
Builder either admits claim (you win), defends (goes to hearing), or ignores (you get default judgment). At hearing, present evidence and judge decides.
JustClaim: Provides hearing preparation guide and evidence checklist
Enforcement
If you win but builder doesn't pay, use enforcement options: bailiffs, attachment of earnings, charging order on property.
JustClaim: Guides you through enforcement options and forms
Pre-Action Protocol Requirements
Before issuing court proceedings, you must follow the Practice Direction on Pre-Action Conduct. This is a legal requirement, and failing to comply can result in cost penalties even if you win.
What the Pre-Action Protocol Requires
- Concise details of the claim including chronology of events
- Specific details of what you say the builder did wrong
- Clear statement of the remedy you're seeking
- Breakdown of your financial losses with supporting evidence
- Reasonable time (usually 14 days) for builder to respond
- Warning that court proceedings will follow if no satisfactory response
The Letter Before Action is more detailed than a simple breach of contract letter. It must demonstrate you've tried to resolve the dispute before court action.
Common Mistakes to Avoid
Many homeowners undermine their case by making these errors in their breach of contract letters:
- Being vague about the breach - "The work is poor" isn't enough. Be specific: "The tiling has 15 cracked tiles, grout is uneven with gaps up to 5mm, and tiles are not level as evidenced by attached photos"
- Emotional language - Avoid "you're a cowboy builder" or "this is disgusting." Keep it professional and factual
- Unreasonable demands - Don't demand £10,000 compensation for £500 worth of defects
- No deadline - Always give a specific timeframe (14 days is standard)
- Sending by email only - Use recorded delivery or hand delivery with receipt
- Not keeping copies - You'll need proof you sent this if you go to court
- Making threats you won't follow through on - If you say you'll sue, you must be prepared to actually do it
Let AI Handle the Details
JustClaim's AI knows exactly how to phrase your letter, what evidence to reference, and which deadlines to set. No guesswork, no templates, no mistakes - just a professional letter ready to send.
How to Send Your Letter
The method of delivery matters for legal purposes. Follow these best practices:
Recommended: Recorded Delivery
Send via Royal Mail Signed For or Special Delivery. This provides:
- Proof of posting
- Tracking number
- Signature on delivery (Special Delivery)
- Legal evidence the letter was sent and received
Alternative: Hand Delivery
Deliver in person and get a signed receipt. Take a witness if possible. This works well for local builders.
Backup: Email
Send by email AS WELL AS post (not instead of). This provides an immediate electronic trail and shows you're serious about documentation.
What Happens Next?
After sending your breach of contract letter, three outcomes are possible:
Scenario 1: Builder Agrees to Remedy
Best case - they accept responsibility and agree to fix the work or provide compensation. Get any agreement in writing before accepting.
Scenario 2: Builder Disputes or Offers Partial Settlement
They may deny breach or offer less than you asked for. You'll need to decide whether to negotiate or proceed with formal action. JustClaim helps you evaluate settlement offers.
Scenario 3: No Response or Refusal
If they ignore the letter or refuse to remedy, escalate to Letter Before Action (pre-action protocol), then court proceedings if still no resolution.
Timeline Tip: Don't wait forever. If you've had no meaningful response within 14 days of your letter arriving, it's time to escalate to the next stage. Delays only make evidence collection harder.
Evidence You Should Have Ready
Your breach of contract letter should reference evidence. Make sure you have:
Evidence Checklist:
Why JustClaim is Better Than Templates
You could download a generic template and try to fill it in yourself, but here's why that's risky:
- Templates are generic - They don't know if your breach is material or minor, what laws apply, or how to phrase your specific damages
- You might use wrong terminology - Calling something a "breach" when it's not can weaken your position
- Templates don't escalate - You're on your own for the Letter Before Action and court claim
- No case assessment - Templates won't tell you if you actually have a strong claim
- You're guessing on amounts - What's reasonable to claim? Templates don't help
JustClaim's AI asks you simple questions in plain English about what happened, then generates a letter that's:
- Tailored to your specific breach type and circumstances
- Uses correct legal terminology for your situation
- Cites relevant laws and consumer rights that apply
- Calculates reasonable compensation based on your losses
- Ready to escalate to court if needed
Professional Letter in 5 Minutes
Stop piecing together templates and hoping you got it right. Get a solicitor-quality letter generated specifically for your case - just talk through what happened and we'll handle the legal details.
Cost to Take a Builder to Court
If your breach of contract letter doesn't resolve the issue, here's what court action costs:
- Claims up to £300: £35 court fee
- Claims £300.01 - £500: £50
- Claims £500.01 - £1,000: £70
- Claims £1,000.01 - £1,500: £80
- Claims £1,500.01 - £3,000: £115
- Claims £3,000.01 - £5,000: £205
- Claims £5,000.01 - £10,000: £455
Important: If you win, the court usually orders the builder to pay your court fees back to you on top of your claim.
Time Limits - Act Quickly
Under the Limitation Act 1980, you have 6 years from the date of breach to bring a contract claim. However, don't wait - evidence deteriorates, builders move or go bust, and your case gets weaker.
For building work, the 6 years starts when the breach occurred (when you knew or should have known about the defects), not when the contract was signed.
Take Action Today
A properly-drafted breach of contract letter is your first and most important step toward recovering your money. It sets the tone, shows you're serious, and puts the builder on notice that you know your rights.
Don't let poor building work cost you thousands. Start your case assessment now and get a professionally-drafted letter in minutes - no legal fees, no template guesswork, just a clear path to resolution.