When you hire a builder, you enter into a contract - whether it's a formal written agreement or a simple verbal arrangement. When that builder fails to honor their side of the deal, it's called breach of contract, and UK law gives you clear rights to seek compensation.
What Counts as Breach of Contract?
A breach of contract occurs when your builder fails to fulfill the terms you both agreed to. This can happen in several ways, and you don't always need a written contract to have grounds for a claim.
Common Breaches by Builders
- Not completing the work - Abandoning the project before finishing
- Missing agreed deadlines - Significant delays without valid reason
- Using different materials - Substituting cheaper materials than specified
- Failing to meet specifications - Work doesn't match what was agreed
- Not obtaining required permits - Failing to get building control approval or planning permission
- Subcontracting without permission - Bringing in other workers when the contract specified they would do the work
- Taking payment without starting work - Accepting deposits or stage payments then disappearing
- Overcharging beyond the quote - Adding costs not agreed in the original contract
Important: Even without a written contract, if you and the builder agreed to terms (verbally, by email, or text), and they broke those terms, that's a breach of contract you can sue for.
Do I Need a Written Contract to Sue?
No. While written contracts make cases clearer, verbal agreements are legally binding in the UK. If you can prove what was agreed (through emails, texts, quotes, or witness testimony), you have a valid contract.
However, written evidence significantly strengthens your case. This includes:
- Written quotes or estimates
- Text messages or emails discussing the work
- Invoices or receipts
- Photos showing what was agreed versus what was delivered
- Bank statements showing payments made
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What Can You Claim For?
When suing for breach of contract, you can claim compensation to put you back in the position you would have been if the contract had been properly fulfilled. This typically includes:
Direct Financial Losses
- Money paid to the builder for work not completed or done poorly
- Cost of hiring another builder to complete or fix the work
- Difference in cost between agreed materials and inferior materials used
- Additional costs caused by delays (like temporary accommodation)
Consequential Losses
- Storage costs if you had to move out during an extended project
- Loss in property value if work was done to an inferior standard
- Cost of expert reports or surveys
- Costs incurred because you relied on the builder's promises (like booking movers for a completion date they missed)
Key Principle: You can claim the cost to put things right, but courts won't award compensation to make you better off than if the contract had been properly performed. Claims must be reasonable and evidenced.
Material Breach vs Minor Breach
Not all contract breaches are equal. Courts distinguish between material breaches and minor breaches:
Material Breach (Major)
A fundamental failure that defeats the purpose of the contract. For example, a builder who was meant to build an extension but only completes the foundations and disappears. With a material breach, you can treat the contract as ended and sue for all losses.
Minor Breach
A small deviation from the contract that doesn't undermine the whole project. For example, using a slightly different shade of paint than specified. You can still claim compensation, but only for the actual damage or cost to remedy the issue.
The Legal Process for Suing a Builder
Taking legal action for breach of contract follows a structured process designed to give both parties a chance to resolve the dispute before court:
Step 1: Gather Your Evidence
Compile everything that proves your contract existed and was breached. This includes the original agreement, all correspondence, photos of the work, quotes from other builders to fix issues, and proof of payments made.
Step 2: Letter Before Action
You must send a formal letter to the builder explaining the breach, what you want them to do (complete the work, refund money, or pay for remedial work), and give them 14 days to respond. This is a legal requirement before you can file a court claim.
Step 3: File Your Claim
If the builder doesn't respond or refuses to resolve the issue, you file a claim with the county court. For claims under £10,000, this goes through the small claims track - a simplified process where you don't need a solicitor.
Step 4: Court Decision
If the builder contests your claim, there will be a hearing where both sides present evidence. The judge will decide if the contract was breached and what compensation you're entitled to.
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How Much Does It Cost to Sue?
Court fees for small claims are based on your claim amount:
- Claims up to £300: £35
- £300.01 to £500: £50
- £500.01 to £1,000: £70
- £1,000.01 to £1,500: £80
- £1,500.01 to £3,000: £115
- £3,000.01 to £5,000: £205
- £5,000.01 to £10,000: £455
If you win, the builder must pay your court fee on top of your claim. Unlike larger cases, you can't usually recover solicitor fees in small claims, which is why JustClaim's affordable service makes so much sense - you get professional help without the £300/hour bills.
Time Limits: Don't Wait Too Long
You have 6 years from the date of breach to file a claim for breach of contract. However, acting quickly is always advisable because:
- Evidence stays fresh and accessible
- Builders may move, close down, or become harder to trace
- Witnesses' memories fade
- You demonstrate the seriousness of your complaint
Tip: The clock starts from when the breach occurred, not when you discovered it. For ongoing projects, this is usually when the builder abandoned the work or when you gave them their final opportunity to correct issues.
What If the Builder Has No Money?
Winning a court judgment is one thing - collecting the money is another. If your builder claims they can't pay, or if they've closed their business, you have several enforcement options:
- Bailiffs - Can seize goods to the value of the debt
- Attachment of earnings - Money taken directly from their wages
- Charging order - Secured against their property
- Third party debt order - Freezing their bank account
Additionally, if they have public liability insurance or were part of a trade association with guarantees, you may be able to claim through those routes.
Defending Against Common Builder Excuses
Builders facing breach of contract claims often use similar defenses. Here's how to counter them:
"You Changed Your Mind About the Specifications"
If you have written records (emails, texts, original quotes) showing what was agreed, variations must be documented. Any changes should be in writing with agreed price adjustments.
"The Delays Were Beyond My Control"
Some delays are reasonable (bad weather, supplier issues), but the builder must communicate these and seek extensions. Abandoning the project or excessive delays without communication is still a breach.
"You Didn't Pay Me"
If you have proof of payment (bank statements, receipts), this defense fails. Even if some payment was delayed, it doesn't excuse the builder from abandoning the project without proper notice.
"The Work Meets Industry Standards"
If your contract specified particular standards, materials, or finishes, the work must meet those - not just generic industry minimums. Expert reports can prove whether work meets the contracted standard.
When to Settle vs Going to Court
Not every breach of contract needs to end in court. Sometimes settling is faster and more practical:
Consider Settling When:
- The builder makes a reasonable offer to fix the work or pay
- The cost to complete is uncertain and a compromise makes sense
- You want a quick resolution
- The builder is willing to work with you constructively
Go to Court When:
- The builder ignores your attempts to resolve the issue
- They deny obvious breaches despite clear evidence
- The amounts involved justify the time and court fees (usually over £1,000)
- You need a legal judgment for insurance or other purposes
Don't Let Contract Breaches Go Unpunished
Whether you're negotiating a settlement or preparing for court, our AI solicitor helps you build the strongest possible case. Get started now.
Why Choose JustClaim for Your Breach of Contract Case?
JustClaim makes it simple to pursue builders who've broken their contracts:
- Expert guidance - Our AI solicitor understands contract law and walks you through each step
- Document generation - Automatically create legally sound Letters Before Action and court claim forms
- Evidence organization - Structure your proof to maximize impact
- Cost calculation - Work out exactly what you can claim based on your losses
- Direct filing - Submit claims online to the court, no paperwork or post office visits
- Affordable pricing - Fixed fees, no surprises, no £300/hour solicitor bills
Take Action Today
A builder who breaks their contract has failed in their professional duty to you. You deserve compensation for the financial and emotional stress they've caused. The legal system is designed to protect people like you, and with JustClaim, accessing it is straightforward and affordable.
Don't let your builder get away with breaking their promises. Start your free case assessment now and take the first step toward getting your money back.