When your builder runs months behind schedule, you're not just frustrated - you're often paying real money. Hotel costs, storage fees, lost rental income, and inconvenience can add up to thousands of pounds. But can you actually claim compensation for these delays?
The Short Answer: Whether you can claim compensation for builder delays depends entirely on what was agreed (in writing or verbally) when you hired them. If a completion date was part of your agreement, you likely have grounds to claim for losses caused by unreasonable delays.
When Delays Are Legally Compensable
Your ability to claim compensation hinges on whether your contract included completion timeframes - either explicitly stated or legally implied.
Strong Claim
Contract specified: "Work to be completed by [date]" or "Project duration: 8 weeks" - You have clear grounds to claim for delays beyond this.
Possible Claim
Builder said "should take about 6 weeks" or you discussed a target date - This creates a reasonable expectation you can rely on.
Weak Claim
No completion date discussed at all - Harder to claim, but UK law does imply work must be done in "reasonable time" for the job type.
Understanding "Express Terms" vs "Implied Terms"
In plain English, there are two types of agreements about when work should finish:
Express Terms (Explicitly Agreed)
These are completion dates or timeframes you and your builder specifically discussed and agreed upon. They can be:
- Written in a contract: "Work to be completed by 15th March 2025"
- In a quote or email: "The extension should take 10-12 weeks"
- Verbally agreed: "We'll have this done by Christmas"
- Text message or WhatsApp: "Starting Monday, should be finished in 6 weeks"
Legal Impact: If there was an express term about completion, the builder is contractually obligated to meet it (or something reasonably close to it). Significant delays breach this term, giving you grounds to claim compensation.
Implied Terms (What the Law Assumes)
Even if you never discussed a completion date, UK law implies that work must be completed within a "reasonable time." This comes from the Supply of Goods and Services Act 1982.
What's "Reasonable"? It depends on:
- The type and complexity of work
- Normal industry timeframes for that job
- Whether there were unforeseen complications
- Weather conditions and seasonal factors
Example: Implied Reasonable Time
You hire a builder to replace your kitchen. No completion date is discussed. A typical kitchen replacement takes 2-3 weeks. If your builder is still working after 4 months with no valid explanation, they've likely breached the implied term of "reasonable time."
Legal Impact: Implied terms are harder to prove in court because you need to show what "reasonable" means for your type of work. But they still give you grounds to claim if delays are excessive.
Not Sure if You Can Claim?
JustClaim's AI analyzes what was agreed (written or verbal), the type of work, and how long it's been delayed to assess if you have a valid claim. Get your free assessment in 5 minutes.
What You Can Actually Claim For
If you have grounds to claim for delays, you can recover actual financial losses you've suffered as a direct result. Courts call these "consequential losses" or "damages."
Compensable Delay Costs
1. Alternative Accommodation
If the delay forced you to live elsewhere, you can claim the cost:
- Hotel or Airbnb costs during the delay period
- Rental property costs if you had to lease temporarily
- Storage fees for furniture and belongings
Real Example
Builder agreed to finish kitchen extension by October. Work wasn't done until March. Kitchen was unusable, family stayed in hotels and Airbnbs for 5 months.
Claim: £8,000 in accommodation costs (£1,600/month × 5 months)
2. Lost Rental Income
If you were planning to rent out the property but couldn't due to delays:
- Monthly rental income you would have received
- Lost deposit or booking fees if you had tenants lined up
Real Example
Loft conversion for rental flat meant to finish in June. Builder didn't complete until November. You had a tenant ready to move in August at £1,200/month.
Claim: £3,600 lost rental income (£1,200 × 3 months)
3. Additional Expenses Due to Delays
- Increased loan interest if you borrowed for the project
- Storage unit rental fees
- Additional childcare costs if delays disrupted family routines
- Costs of eating out because kitchen was unusable longer than planned
4. Property Price Reduction
If you were selling and delays cost you a buyer or reduced your sale price:
- Lost sale if buyer withdrew due to delays
- Price reduction you had to accept
- Additional mortgage payments during extended sale period
What You CANNOT Claim
Courts Won't Award:
• Compensation for "stress and inconvenience" alone - you need actual financial losses
• Speculative damages - "I might have earned X if..." doesn't work
• Punitive damages to "teach them a lesson" - UK courts only compensate actual losses
• Losses you could have avoided - e.g., if you could have stayed with family for free but chose a hotel instead
Calculating Your Delay Claim
Here's a worked example showing how to calculate a realistic delay compensation claim:
Example Calculation: Kitchen Extension Delay
Important: Keep ALL receipts, invoices, and proof of expenses. Take photos of accommodation, save booking confirmations, and keep bank statements showing costs incurred during the delay period.
Calculate Your Exact Claim
Tell JustClaim what expenses you've incurred due to delays, and our AI will calculate what you can legitimately claim and generate a compensation demand letter.
When Delays Are Excusable
Not all delays give grounds for compensation. Builders can defend against delay claims if they can show:
Valid Reasons for Delays
Unforeseen Structural Issues
Discovering rot, asbestos, or structural problems that weren't visible during initial inspection can justify delays. But the builder should have informed you immediately and provided revised timelines.
Planning or Building Control Issues
If planning permission was rejected or building control raised concerns requiring design changes, these can excuse delays - but only if the builder handled them promptly.
Client-Caused Delays
If you changed the scope of work, delayed material selections, or didn't provide access to the property, the builder can't be blamed for resulting delays.
Extreme Weather
Prolonged bad weather can justify some delays for external work. But a few rainy days won't excuse months of delay.
Supply Chain Issues
Genuine material shortages or supplier delays can be valid - if the builder can prove they used reasonable efforts to find alternatives.
Critical Point: Even if delays are partly excusable, the builder must communicate with you, provide updates, and make reasonable efforts to minimize delays. Disappearing for weeks without explanation is never acceptable.
The Negotiation vs Court Decision
Most delay compensation claims don't go to court - they're settled through negotiation. Here's why:
Why Builders Often Settle
- Court is expensive for them: Legal fees can exceed the claim amount
- Bad publicity: Court judgments against them are public record
- Time cost: Court hearings disrupt their work schedule
- Uncertain outcome: They might lose and pay more than you're asking
Negotiation Strategies
Start with a Formal Letter
Send a professional breach of contract letter setting out:
- What completion date was agreed
- When work actually finished
- Itemized list of losses incurred (with evidence)
- Total compensation sought
- 14-day deadline for response
Be Prepared to Compromise
If your claim is £9,000, the builder might offer £6,000. Consider:
- Is the offer reasonable compared to your actual losses?
- What would court cost you in time and stress?
- How strong is your evidence?
- Can you prove all your claimed expenses?
A 60-70% settlement is often better than a 100% claim that requires months of court proceedings.
Get Settlement in Writing
If you reach agreement, ensure it's documented:
- Amount agreed
- Payment deadline
- What happens if they don't pay (you can still sue)
- Confirmation this settles the dispute fully
JustClaim Handles Negotiation & Court
Our AI generates professional demand letters designed to encourage settlement. If the builder won't negotiate fairly, we'll generate your court claim documents too - all in one seamless process.
The Court Route: When to Escalate
If the builder ignores your compensation demand or refuses to negotiate reasonably, taking them to court may be necessary.
Small Claims Court for Delays
For delay claims under £10,000, you use the small claims track:
- No solicitor needed: Designed for regular people
- Relatively quick: Hearings usually within 2-4 months
- Low cost: Court fees from £35-£455 depending on claim size
- Informal hearing: Judge asks questions, reviews evidence
Evidence You'll Need
To win a delay claim in court, you must prove:
1. Agreement on Completion Date
• Written contract with date
• Quote or email stating timeframe
• Text messages discussing completion
• Witness testimony if verbal agreement
2. The Actual Delay
• Timeline of when work was meant to finish vs when it did
• Photos showing incomplete work at various dates
• Your communications chasing progress
3. Your Financial Losses
• Receipts for accommodation
• Rental agreements showing lost income
• Bank statements proving expenses
• Invoices for storage, additional costs
4. Builder's Lack of Valid Excuse
• Evidence they weren't on site regularly
• No communication about legitimate delays
• Pattern of broken promises about completion
What the Court Will Award
If you win, the court will order the builder to pay:
- Your proven financial losses (the compensation amount)
- Court fees you paid to bring the claim
- 8% annual interest from the date of loss until judgment
The court won't award compensation for stress or inconvenience unless you can tie it to actual financial loss.
Realistic Expectations
It's important to be realistic about delay compensation claims:
Strong Claims
- Clear agreed completion date in writing
- Substantial delay (months, not days)
- Documented financial losses with receipts
- No valid excuse from builder for delay
- Evidence you communicated concerns during delay
Weaker Claims
- No specific completion date ever discussed
- Minor delays (a few weeks on a big project)
- Can't prove actual financial losses
- Builder has legitimate excuse (unforeseen structural issues)
- You contributed to delays (changed plans, didn't provide access)
The Reality: Most delay claims settle for 50-80% of the claimed amount. Builders often prefer to pay something reasonable rather than face court. Your goal should be fair compensation for genuine losses, not to "punish" the builder.
Time Limits: Act Quickly
You have 6 years from when the work was supposed to be completed to bring a breach of contract claim for delays. However:
- Evidence degrades over time (receipts fade, memories blur)
- Builders may go out of business or become harder to trace
- Your expenses are harder to prove months or years later
- Courts look more favorably on prompt action
Best practice: Send your compensation demand letter as soon as the work is finally complete and you can calculate total delay costs.
What JustClaim Does for Delay Claims
JustClaim's AI-powered platform streamlines the entire delay compensation process:
1. Case Assessment
In a 5-minute conversation, our AI determines:
- Whether a completion timeframe was agreed (express or implied)
- If the delay is substantial enough to claim for
- What financial losses you can legitimately claim
- Strength of your case (strong, possible, or weak)
2. Claim Calculation
We help you itemize and calculate:
- Accommodation costs during the delay period
- Lost rental income with evidence
- Storage and additional expenses
- Total compensable amount
3. Letter Generation
We automatically create:
- Professional breach of contract letter citing delay
- Itemized claim with supporting evidence references
- Appropriate legal terminology
- Reasonable settlement deadline
4. Court Escalation
If the builder won't settle:
- Letter Before Action (pre-action protocol compliant)
- Completed N1 court claim form
- Hearing preparation guide
- Evidence checklist
Find Out What You Can Claim
Stop guessing whether you have a valid delay claim. Our AI assesses your situation, calculates your losses, and generates the letters you need - all in minutes.
Take Action on Builder Delays
Builder delays that cost you money aren't something you should just accept. If a completion timeframe was agreed (or is implied by the type of work), and you've suffered genuine financial losses as a result of delays, you likely have grounds to claim compensation.
Most builders will negotiate a reasonable settlement rather than face court proceedings. JustClaim makes it easy to present a professional, well-calculated claim that encourages settlement - and provides full court support if negotiation fails.
Don't let thousands of pounds in delay costs go uncompensated. Start your free case assessment now and find out exactly what you can claim.