How to Sue a Builder for Breach of Contract

If a builder has breached your contract by failing to complete work, delivering substandard results, or abandoning the project, you may need to take legal action. This guide provides step-by-step instructions for suing a builder, including details about claim thresholds, court tracks, and cost regimes.

Step 1: Determine If There Was a Breach

A breach of contract occurs when a builder fails to meet the obligations outlined in an agreement. Common breaches include:

• Failure to complete work: Leaving the job unfinished or abandoning the project.
• Substandard workmanship: Delivering work that does not meet agreed standards or specifications.
• Failure to follow plans: Deviating from approved designs without consent.
• Using inferior materials: Substituting agreed materials with cheaper or lower-quality alternatives.

Gather evidence of the breach, such as contracts, photos of incomplete or defective work, and communication with the builder.

Step 2: Attempt to Resolve the Dispute

Before suing, try to resolve the issue directly. Send a formal letter or email to the builder:

• Explain the breach clearly.
• State what you expect the builder to do to fix the problem.
• Set a reasonable deadline for them to respond.

Many builders will attempt to resolve disputes at this stage to avoid legal action. If the builder refuses to cooperate, you can proceed with a claim.

Step 3: Understand the Claim Thresholds

In the UK, the amount of money you are claiming determines the court track and process:

• Small Claims Track: For claims up to £10,000 (England and Wales).
• Fast Track: For claims between £10,000 and £25,000, where the case is straightforward and can be resolved in one day.
• Intermediate Track: For most claims between £25,000 and £100,000 (since 1 October 2023) that can be tried in three days or less.
• Multi-Track: For claims over £100,000 or cases that involve complex issues, such as extensive evidence or expert witnesses.
• High Court: For claims typically exceeding £100,000, or where significant legal principles or complexity are involved.

Key Points About Court Tracks:

• Small claims are less formal and designed for individuals without legal representation.
• Fast track cases have stricter timelines and limited court time to control costs.
• Multi-track and High Court cases often involve higher costs due to legal representation and the complexity of the case.

Step 4: Calculate the Costs of Suing

The costs of suing a builder depend on the value of the claim and the court track. Typical costs include:

1. Court Filing Fees

Filing fees depend on the claim amount. For example:

• Small claims fees range from £35 to £455 (depending on the claim value).
• Higher-value claims in fast track or multi-track courts may incur fees exceeding £500.

2. Legal Representation

Hiring a solicitor or barrister increases costs, especially for multi-track or High Court claims. Many lawyers offer fixed fees or no-win, no-fee arrangements for smaller claims.

3. Expert Witnesses

If you need an independent surveyor or building inspector to provide evidence, you’ll need to cover their fees, typically ranging from £300 to £1,000 or more.

4. Adverse Costs

If you lose the case, you may need to pay the builder’s legal costs. In small claims cases, cost recovery is limited, in fast track and intermediate track cases the recoverable costs are mostly fixed (since October 2023), but in multi-track cases losing can result in significant costs, and generally most people use insurance to cover this. Home insurance may be able to cover this for most households in most circumstances.

Step 5: File Your Claim

Once you’ve prepared your case, file your claim with the appropriate court. You’ll need to complete a claim form, which includes:

• Your details and the builder’s contact information.
• A summary of the breach of contract and the damages you’re seeking.
• Supporting evidence, such as contracts, receipts, and photographs.

Submit the form online or at your local court and pay the filing fee. For small claims, more information is available at JustClaim.

Step 6: Prepare for the Court Process

1. Small Claims Track

In small claims court, the process is straightforward, and hearings are informal. You’ll present your evidence, and the builder will have a chance to defend themselves. The judge will issue a decision on the same day or shortly after.

2. Fast Track or Multi-Track

In these cases, you may need to attend several hearings, submit witness statements, and provide expert reports. Your solicitor will guide you through the process, including negotiating settlements or preparing for trial.

3. High Court

For complex or high-value cases, the High Court process is more formal. You’ll need strong legal representation, and the case will probably take years to resolve.

Step 7: Understand Potential Outcomes

Possible outcomes of a breach of contract claim include:

• Damages: The builder may be ordered to pay compensation for repair costs, delays, or additional expenses.
• Rectification: The builder may be required to fix the defects at their expense.
• Termination of the Contract: The court may allow you to end the agreement and hire another contractor to complete the work.

If you succeed, the builder may also be ordered to cover your legal costs, depending on the court track and value of the claim.

Step 8: Consider Alternative Dispute Resolution (ADR)

Before or during the court process, consider ADR methods like mediation or arbitration. These can resolve disputes faster and at lower costs than litigation.

A final note about litigation

99.9% of cases do not get to court. Often a threat is sufficient. Once a claim form is issued, the long-waiting time required to get to a hearing also means a lot of cases settle out of court too. Construction disputes are no exception.

Key Takeaways

• Breach of contract: Common breaches include failure to complete work, substandard results, or using inferior materials.
• Claim thresholds: Small claims are for disputes under £10,000, while higher-value claims go through the fast, intermediate or multi-track, or the High Court.
• Costs: Include filing fees, legal representation, expert witness fees, and potential adverse costs if you lose.
• Steps to sue: Attempt to resolve the issue directly, gather evidence, file your claim, and prepare for court proceedings.
• Outcomes: You may receive damages, require the builder to fix defects, or terminate the contract.

Suing a builder for breach of contract can be a complex process, but understanding the steps and costs involved will help you take the right actions to protect your interests and recover your losses.