Can I Sue a Builder Without a Written Contract?

Many homeowners worry they can't take legal action because they don't have a written contract with their builder. This is a myth. Verbal agreements are legally binding in the UK, and you have strong rights even without signed paperwork. What matters is proving what was agreed, not whether it was written down.

Verbal Contracts Are Legal Contracts

In UK law, a contract exists when there's an offer, acceptance, and consideration (payment). This can all happen verbally. When you and your builder agreed on work to be done and a price, that's a contract - whether you shook hands, talked on the phone, or discussed it over a cup of tea.

The Consumer Rights Act 2015 and the Supply of Goods and Services Act 1982 protect you regardless of whether your agreement was written or verbal. Your builder must provide work with reasonable care and skill, deliver what was agreed, and complete work to a satisfactory standard.

What Evidence Can Replace a Written Contract?

While written contracts make cases clearer, many types of evidence can prove your agreement with the builder:

Written Communications

• Text messages - Discussions about work, prices, timelines, materials
• Emails - Any correspondence about the project
• WhatsApp or Messenger - Chat logs discussing the work
• Quotes or estimates - Even informal quotes show what was discussed
• Invoices or receipts - Proof of what you paid for

Physical Evidence

• Bank transfers - Payments made to the builder with descriptions
• Material receipts - Showing what was purchased for the job
• Photos - Before, during, and after shots of the work
• Site visits - Evidence the builder attended your property

Witness Evidence

• Your testimony - Your account of what was agreed
• Witnesses to conversations - Family members or friends present during discussions
• Neighbors - Who saw the work being done
• Other tradespeople - Who worked with or after the builder

Implied Terms in Your Agreement

Even without detailed written terms, UK law implies certain obligations on your builder. These apply whether your agreement was written or verbal:

Statutory Implied Terms

• Work must be carried out with reasonable care and skill
• Work must be completed within a reasonable time (if no time specified)
• Charges must be reasonable (if no price agreed in advance)
• Materials used must be of satisfactory quality
• Work must be fit for the purpose discussed

These terms exist in your contract by law, so the builder can't argue they didn't agree to them just because nothing was written down.

Building Your Case Without a Written Contract

Success in court depends on reconstructing what was agreed and proving the builder breached those terms. Here's how:

Step 1: Document What Was Agreed

Write down everything you can remember about your agreement with the builder:

• What work was supposed to be done
• What price you agreed (or how payment was discussed)
• What timeline was mentioned
• What materials were to be used
• Any specific requirements you discussed
• What the builder promised or guaranteed

Step 2: Gather All Communications

Collect every piece of communication with the builder:

• Search your phone for texts and messages
• Check email accounts (including spam folders)
• Look for social media messages
• Find any photos or videos you took
• Gather bank statements showing payments

Step 3: Get Supporting Evidence

Build additional evidence that proves your case:

• Take detailed photos of the work (good and bad)
• Get quotes from other builders for remedial work
• Obtain expert reports on quality issues
• Ask witnesses to provide written statements
• Document all your losses and expenses

What You Can Sue For Without a Written Contract

The same compensation is available whether you have a written contract or not:

Direct Losses

• Money paid to the builder for work not done or done poorly
• Cost of hiring another builder to complete the work
• Cost of fixing defective work
• Difference between what you agreed and what you got

Consequential Losses

• Temporary accommodation costs if home was made uninhabitable
• Storage costs for displaced belongings
• Lost earnings if you had to take time off work to deal with issues
• Professional fees (surveyors, experts, etc.)

Common Builder Defences (And Counters)

Builders facing claims without written contracts often use these arguments:

"There Was No Agreement"

Counter: Your payments prove there was an agreement. People don't pay thousands of pounds without some understanding of what they're paying for. Your communications and witnesses can prove the terms.

"The Scope Was Different"

Counter: Present your evidence of what was discussed. Text messages, emails, and witness testimony establish scope. Industry standards fill in gaps for work details.

"You Agreed to This Standard"

Counter: Unless explicitly discussed, work must meet professional standards and building regulations. The law implies quality terms into your contract.

"You Changed Your Mind"

Counter: Major changes require agreement from both sides. Show that you consistently asked for the same thing or that the builder proceeded without discussing changes.

How Courts Handle Cases Without Written Contracts

Small claims judges regularly deal with building disputes without formal contracts. They understand that most homeowner-builder arrangements are informal. Here's what courts look for:

Balance of Probabilities

In civil cases (including small claims), you don't need to prove your case "beyond reasonable doubt" like criminal cases. You just need to show it's more likely than not that your version of events is true.

Credibility

Courts assess whose account is more believable. Consistent evidence, contemporary documents (texts, emails from the time), and logical explanations strengthen credibility.

Industry Standards

Where terms aren't clear, courts use industry norms. For example, if there's dispute about quality, the court expects work to meet standard building practices.

Common Sense

Judges apply practical reasoning. If you paid £10,000 for an extension, common sense says you expected a completed, functional extension, not something half-finished or poorly built.

Specific Scenarios

Builder Disappeared Mid-Project

Even without a written contract, you can claim for: money paid but work not done, cost to complete with another builder, additional costs from delays, and damage to your property.

Evidence: Bank transfers showing payment, photos of incomplete work, quotes from other builders to complete, your testimony about what was agreed.

Poor Quality Work

You can claim cost of remedial work and any damages to your property.

Evidence: Photos of defects, expert reports on poor workmanship, quotes for repairs, building regulation issues, your communications about the problems.

Wrong Materials Used

You can claim the cost difference between materials agreed and materials used, plus cost to replace if necessary.

Evidence: Texts or emails discussing materials, receipts showing what builder bought, expert confirmation of what was installed, quote for replacement with correct materials.

Took Deposit and Didn't Start

You can claim full refund of deposit paid.

Evidence: Bank transfer of payment, messages arranging work, proof builder never attended or started work, attempts to contact builder.

Strengthening Your Position

To maximize your chances without a written contract:

Act Quickly

The sooner you document everything and start proceedings, the fresher evidence is and the more credible your account appears.

Be Consistent

Your written documentation of events should align with your testimony. Inconsistencies help the builder's defence.

Get Professional Evidence

Expert reports carry weight. A surveyor or builder confirming defects helps enormously, even without original contract documents.

Show Attempts to Resolve

Evidence that you tried to work with the builder to fix issues demonstrates you're reasonable and strengthens your case.

What If Builder Claims There Was No Agreement?

Sometimes builders try to claim they never agreed to do the work or were just "helping out." This defence rarely succeeds when:

• You made significant payments (friends don't pay friends thousands)
• The builder carried out substantial work over time
• Communications clearly discuss commercial terms (price, scope, timeline)
• The builder is a professional tradesperson (not a favor between friends)
• There's evidence of the builder's business (van, tools, advertising, other customers)

Practical Tips for Your Case

Create a Timeline

Document when things happened: initial agreement, work start, payments made, problems discovered, attempts to resolve, builder's responses. Timelines help courts understand the sequence and your credibility.

Quantify Everything

Be specific about losses. "The work was bad" is weak. "The plastering was visibly uneven with cracks throughout. Three other builders quoted £2,500-£3,000 to redo it properly" is strong.

Save Everything

Don't delete messages thinking they hurt your case. Courts expect full disclosure. Hiding evidence can destroy your credibility even if the evidence itself was helpful.

Preventing Future Issues

While this article focuses on claiming without contracts, protect yourself in future by:

• Always getting quotes in writing (even a text with price and scope is better than nothing)
• Confirming agreements by email or text after verbal discussions
• Keeping records of all communications
• Taking photos before, during, and after work
• Making payments by bank transfer with clear descriptions
• Never paying large amounts in cash without receipts

Why Choose JustClaim?

JustClaim helps homeowners pursue claims even without formal contracts:

• Case assessment - Find out if your evidence is strong enough
• Evidence guidance - Learn what documentation will help your case
• Statement building - Structure your account effectively
• Document generation - Create professional Letters Before Action and claim forms
• Court filing - Submit claims digitally and properly
• Affordable service - Fixed fees, no hourly rate surprises

Take Action Now

Don't let the absence of a written contract stop you from getting justice. Verbal agreements are legally binding, and thousands of homeowners successfully claim against builders without formal paperwork every year.

The key is acting quickly, gathering your evidence, and presenting your case properly. Start your free assessment now and find out exactly how strong your case is and what compensation you can claim.