Can I Sue a Contractor Without a Contract?

Many homeowners panic when their contractor does poor work or abandons a project, thinking they can't take legal action because "we never signed anything." This is wrong. Under UK law, you absolutely can sue a contractor without a written contract - and win.

Verbal agreements, text message exchanges, WhatsApp conversations, and even handshake deals create legally binding contracts. If your contractor agreed to do work for an agreed price and failed to deliver, you have grounds to claim compensation regardless of whether anything was signed.

How Contracts Are Formed

Under English contract law, a valid contract requires just four elements - none of which require pen and paper:

1. Offer and Acceptance

The contractor offers to do specific work. You accept their offer. This can happen in person, over the phone, via text, or through email. The moment you say "yes, go ahead" to their proposal, you have acceptance.

2. Consideration

Something of value is exchanged. You pay money, the contractor provides labor and materials. The price doesn't need to be written down - verbal agreement on payment is sufficient.

3. Intention to Create Legal Relations

Both parties intend the agreement to be legally binding. In commercial contexts (like hiring a tradesperson), this intention is automatically presumed. You don't need to explicitly state "this is a legally binding agreement."

4. Certainty of Terms

The essential terms are clear enough to be enforceable. What work will be done, what you'll pay, and when it should be completed. These don't need to be written - courts can piece together what was agreed from your conversations and conduct.

Types of Evidence That Prove Your Contract

Without a written contract, proving what was agreed requires different types of evidence. Courts regularly accept these:

Text Messages and WhatsApp

Messages between you and the contractor discussing the work, prices, timelines, or changes are excellent evidence. Screenshots showing:

• Agreement on what work would be done
• Quoted prices or agreed payment terms
• Your acceptance of their proposal
• Discussions about materials, specifications, or timing
• The contractor acknowledging problems or admitting faults

Email Exchanges

Emails serve as written evidence of negotiations and agreements. Even informal emails with subject lines like "quote for kitchen extension" followed by "sounds good, when can you start?" create binding contracts.

Payment Records

Bank transfers, cheques, or cash receipts prove money changed hands. The amount paid and any descriptions (e.g., "deposit for bathroom renovation") help establish what was agreed. Regular payments show ongoing contractual relationship.

Quotes and Estimates

Even if not formally signed, quotes you received and accepted (verbally or by allowing work to start) demonstrate what the contractor offered and you agreed to. Written quotes are strong evidence of terms.

Photographs and Videos

Photos showing work in progress prove the contractor started the job you discussed. Before and after pictures help establish scope and demonstrate problems with completed work.

Witness Testimony

Anyone who heard your conversations with the contractor can testify about what was agreed. Family members, neighbors, or others present during discussions provide powerful supporting evidence.

Contractor Conduct

Actions speak louder than words. If the contractor started specific work, ordered certain materials, or performed tasks, this demonstrates what was agreed between you. Their conduct implies acceptance of the terms you discussed.

What You Can Sue For Without a Written Contract

Lack of written agreement doesn't limit what compensation you can claim. Courts award the same damages whether contracts were written or verbal:

Cost to Complete or Fix the Work

The most common claim is the cost to hire someone else to complete unfinished work or fix substandard work. Get quotes from other contractors showing what it will cost to remedy the breach.

Money Paid for Work Not Done

If you paid a deposit or progress payments but the contractor abandoned the project or did nothing, you can recover those payments in full.

Difference in Value

If work was completed but to a poor standard, claim the difference between what you paid and the actual value of what you received. For example, if you paid £10,000 for a bathroom worth £6,000, claim £4,000.

Consequential Losses

Additional costs caused by the breach, such as:

• Temporary accommodation while work is incomplete
• Storage fees for furniture or belongings
• Cost to protect property from weather damage
• Lost sale proceeds if buyer withdrew due to poor work
• Emergency repair costs for dangerous conditions

Distress and Inconvenience

Courts award compensation for the stress, disruption, and inconvenience caused by contractor breaches. While modest (typically £500-£2,000), these damages recognize the real impact on your life.

Implied Terms: What the Law Adds to Your Agreement

Even without explicit discussion, UK law implies certain obligations into every contract with a tradesperson. These implied terms protect you:

Supply of Goods and Services Act 1982

This law automatically adds terms to your agreement requiring the contractor to:

• Use reasonable care and skill - Work must meet the standard of a reasonably competent tradesperson in that field
• Complete within reasonable time - If no deadline was agreed, work must be finished within a reasonable timeframe given the job's nature
• Charge reasonable price - If no specific price was agreed, charges must be reasonable for the work done

Consumer Rights Act 2015

For consumer contracts (homeowners hiring tradespeople), this adds requirements that services must:

• Be performed with reasonable care and skill
• Match any information you were given about them
• Achieve the purpose you made known to the contractor
• Be provided within reasonable time if no specific time agreed

Common Contractor Defenses (And Why They Fail)

Contractors without written contracts often raise predictable defenses. Here's how courts view them:

"We Never Had a Contract"

This defense fails immediately. If the contractor did any work and you paid anything, a contract existed. The contractor's own conduct - turning up and performing labor - proves they agreed to something.

"You Never Told Me Exactly What You Wanted"

The contractor has a professional duty to clarify requirements before starting work. If terms were uncertain, they should have asked questions or provided detailed proposals. Courts don't let contractors escape liability for ambiguity they could have resolved.

"We Only Agreed on Part of It"

Partial agreement is still a binding contract for what was agreed. If you agreed the contractor would "do the kitchen" for £8,000, courts will interpret what a reasonable kitchen renovation includes.

"The Price Was Just an Estimate"

Unless clearly stated as a rough guide only, estimates are treated as firm quotes. If the contractor provides a figure and you proceed based on that figure, it becomes the agreed price. Significant deviations require your explicit approval.

"You Approved Everything as I Went Along"

The contractor bears the burden of proving you approved substandard work or changes. Without written sign-offs, courts are skeptical of claims that homeowners approved obvious defects or significant alterations.

"It's Your Word Against Mine"

This is rarely true. Text messages, payments, photos, and witnesses almost always exist. Even in pure "he said, she said" situations, courts assess credibility and often favor homeowners over contractors who failed to document their work professionally.

Proving What Was Verbally Agreed

The key challenge without a written contract is proving the specific terms. Here's how to build a strong case:

Reconstruct the Timeline

Create a detailed chronology of all interactions:

• When and how you first contacted the contractor
• Dates of site visits or consultations
• When you discussed scope, price, and timing
• Date work started and key milestones
• When payments were made and for what
• When problems first emerged
• All subsequent communications about issues

Gather All Written Communications

Even without a formal contract, most contractor relationships generate some writing:

• Initial inquiries (emails, messages, online forms)
• Responses with rough quotes or availability
• Text exchanges confirming dates or discussing work
• Payment requests or invoices
• Messages about problems or delays
• Any follow-up correspondence

Document the Work and Problems

Visual evidence demonstrates what was done versus what should have been done:

• Photos of the site before work started
• Progress photos during the project
• Detailed photos of all defects or incomplete work
• Videos showing problems (leaks, unstable structures, etc.)
• Photos of materials used if inferior to what was discussed

Identify and Prepare Witnesses

Anyone who heard discussions or saw the work can support your case:

• Family members present during negotiations
• Neighbors who heard conversations or observed work
• Other tradespeople who saw the project
• Friends who visited and saw the problems
• Anyone who was present when agreements were made

Get Expert Evidence

Professional opinions strengthen claims about what standard work should meet:

• Surveyor reports documenting defects
• Other contractors' quotes to fix or complete work
• Architect or engineer opinions on whether work meets building standards
• Expert witnesses explaining what reasonable care and skill requires

When Verbal Agreements Are Strongest

Some situations make verbal contracts particularly easy to prove and enforce:

You Made Multiple Payments

A series of payments demonstrates ongoing contractual relationship. Bank transfers marked "kitchen deposit," "bathroom progress payment," or similar descriptions directly evidence what work was being paid for.

Work Was Partially Completed

If the contractor started and completed some tasks, this proves they understood and accepted certain obligations. The specific work done reveals what you must have agreed upon.

The Contractor Provided Written Quotes

Even unsigned quotes are powerful evidence. When you allowed work to proceed after receiving a quote, you accepted its terms. Courts treat this as binding acceptance.

There Are Text or Email Exchanges

Any written communications referencing the project, even casual messages, help prove the agreement. A message like "See you Monday to start the bathroom, £6k as discussed" creates clear evidence of contract terms.

Standard Industry Practice Fills Gaps

For common jobs (new bathrooms, kitchen installations, extensions), industry standards help establish what should have been included even if not explicitly discussed. Courts know what a typical bathroom renovation includes.

Small Claims Court Process Without Written Contract

Taking a contractor to small claims court for breach of verbal contract follows standard procedures:

Step 1: Send Letter Before Action

Before filing, send formal letter stating what was agreed (verbally), how the contractor breached, and what compensation you seek. Give 14 days to respond.

Step 2: File Court Claim

Complete form N1 online or by post. In your "particulars of claim," explain:

• How and when the contract was formed (describe conversations)
• What was agreed (scope of work, price, timing)
• Evidence supporting your version (texts, payments, witnesses)
• How the contractor breached the agreement
• What losses you suffered and compensation claimed

Step 3: Contractor Responds

They must file a defense within 14 days. If they admit the claim, you win automatically. If they defend, the case proceeds to hearing.

Step 4: Prepare Evidence Bundle

Organize all evidence into a bundle for the judge:

• Timeline of events
• All text messages and emails (screenshots)
• Payment records (bank statements highlighted)
• Photographs of work and defects
• Quotes for remedial work
• Witness statements
• Expert reports

Step 5: Attend Hearing

Small claims hearings are informal. Explain to the judge what was verbally agreed, show your evidence, and answer questions. The contractor presents their side. Judge decides who is more credible based on evidence presented.

Step 6: Enforce Judgment

If you win but contractor doesn't pay, use court enforcement options like bailiffs or attachment to earnings.

Calculating Reasonable Price

One advantage of lacking a fixed written price is that you can challenge unreasonable charges. If you agreed to pay "whatever it costs" or received no clear quote, the law requires the contractor charge only a "reasonable price."

How Courts Assess Reasonable Price

Judges consider several factors:

• Market rates - What other contractors charge for similar work in your area
• Materials used - Actual cost of materials plus reasonable markup
• Time taken - Hours worked at typical hourly rates for that trade
• Skill level required - Specialist work commands higher rates than basic tasks
• Complexity - Difficult or custom work justifies premium pricing

Challenging Excessive Bills

If your contractor claims you owe £15,000 but similar work typically costs £8,000, argue the charge is unreasonable. Provide:

• Comparable quotes from other contractors
• Evidence of time actually spent on site
• Material receipts showing true costs
• Industry pricing guides or standards

When Verbal Agreements Can Be Problematic

While verbal contracts are legally binding, certain situations make them harder to enforce:

No Evidence of Agreement

Pure verbal agreement with no texts, emails, payments, or witnesses is hardest to prove. The contractor's word against yours with nothing to support either version makes court success uncertain.

Disputed Scope

If you say you agreed on "complete kitchen renovation" and contractor says it was "just cabinets," proving which is true becomes difficult without written specifications.

Unclear Pricing

Vague discussions like "a few thousand" or "whatever it takes" lead to disputes. Without clear price agreement, both parties may genuinely believe different amounts were agreed.

Multiple Conversations

When agreements evolved over many discussions, pinpointing final agreed terms is challenging. Different conversations may have contradicted each other.

Why Contractors Avoid Written Contracts

Understanding why contractors don't provide written agreements helps anticipate their behavior:

They're Unprofessional

Many small contractors simply don't have professional systems. They operate casually without formal contracts, insurance, or proper business practices.

They Want Flexibility

Written contracts lock in scope and price. Some contractors prefer flexibility to add charges or cut corners without being held to specific commitments.

They're Avoiding Tax

Cash-in-hand work without paper trail helps contractors evade tax. While this doesn't affect your legal rights, it may indicate generally dodgy practices.

They Don't Trust Themselves

Contractors who know they might not deliver properly avoid written commitments they'll be held to. Lack of contract signals they expect disputes.

Building Your Case: Step by Step

If you're considering legal action against a contractor without written contract, follow this systematic approach:

Step 1: Write Down Everything You Remember

While memories are fresh, document:

• Every conversation about the project
• Who said what about scope, price, materials, timing
• Where and when discussions happened
• Who else was present
• What promises or assurances were made

Step 2: Collect Every Scrap of Evidence

Hunt through:

• Phone and messages (screenshots of everything)
• Email inbox and sent folder
• Bank statements for all payments
• Photos on your phone from during the project
• Any notes you made
• Business cards or flyers from the contractor

Step 3: Take Fresh Photos

Document current state:

• Wide shots showing overall work
• Close-ups of specific defects
• Comparisons to how things should look
• Any damage or incomplete areas

Step 4: Get Repair Quotes

Contact at least two other contractors to:

• Complete unfinished work
• Fix defects and problems
• Provide detailed written quotes
• Explain what's wrong with existing work

Step 5: Approach Witnesses

Ask anyone who heard discussions or saw work to:

• Write down what they remember
• Confirm they'd testify if needed
• Sign and date their statement

Step 6: Send Formal Letter

Before legal action, give contractor chance to settle:

• State what was verbally agreed
• Explain how they breached
• List your evidence
• Specify compensation demanded
• Give 14 days to respond
• Warn of court action if no settlement

Step 7: File Court Claim if Necessary

If contractor refuses to settle, proceed with small claims court action supported by all evidence gathered.

Court Success Rates Without Written Contracts

Homeowners successfully sue contractors with only verbal agreements regularly. Success depends on evidence strength:

Strong Cases (High Success Rate)

• Multiple text messages discussing work and price
• Series of payments with descriptions
• Work partially completed proving scope
• Witnesses who heard agreements
• Contractor's written quote even if unsigned

Moderate Cases (Good Chance)

• Some texts/emails but gaps in communications
• Payments made but descriptions unclear
• Witness testimony but from family members
• Clear evidence of work done, unclear on exact terms agreed

Weak Cases (Uncertain)

• Pure verbal with no supporting evidence
• No payments or payment method untraceable (cash)
• No witnesses or only you present
• Significant disputes on what was agreed

Time Limits for Suing

You have 6 years from the breach to sue for breach of contract - same whether written or verbal. The clock starts when:

• Work was supposed to be finished but wasn't
• Defects became apparent
• Contractor abandoned the project
• You discovered the breach

However, don't wait. Evidence deteriorates, memories fade, witnesses become unavailable, and contractors may disappear or go bankrupt. Act within months, not years.

Contractor Can't Find You? Still Sue Them

Even if your contractor has moved, changed number, or is ignoring you, you can still sue:

Tracking Them Down

• Search Companies House if they were registered
• Check online directories and review sites
• Ask customers or suppliers
• Search social media
• Use last known address even if they've moved

Serving Court Papers

Courts allow various service methods if contractor avoids contact:

• Post to last known address
• Email if you have one
• Alternative service via social media (with court permission)
• Service on registered office if they're a company

Default Judgment

If contractor doesn't respond to court claim, you get automatic judgment in your favor. You win even if they ignore everything.

Why JustClaim Helps

Suing a contractor without written contract is more complex than standard breach of contract claims. JustClaim's AI is specifically trained to handle this:

• Evidence assessment - Evaluates whether your texts, payments, and witness testimony are sufficient to prove the agreement
• Timeline reconstruction - Helps you organize events chronologically to show how the contract was formed
• Legal documents - Generates letters and court forms explaining your verbal contract in legally compelling terms
• Implied terms - Automatically adds statutory implied obligations to strengthen your claim
• Evidence bundle - Creates professionally organized bundle presenting your proof clearly to judges
• Reasonable price arguments - If no price was agreed, calculates what reasonable charges should be

Take Action Today

Don't let your contractor escape responsibility because you don't have a written contract. Verbal agreements are legally binding, and with proper evidence and presentation, you can successfully claim compensation for poor work, unfinished projects, or broken promises.

The key is acting quickly while evidence is fresh and organizing what proof you have effectively. JustClaim makes this process simple - start your claim now and hold your contractor accountable for what they agreed to do.