Poor workmanship and services
When a builder, garage or installer has done the job badly, the Consumer Rights Act 2015 gives you the right to have it put right or to pay less. We set out the evidence and the claim so the trader has to deal with it properly.
What the law expects of a trader
Part 1, Chapter 4 of the Consumer Rights Act 2015 applies when a business supplies a service to a consumer. It treats every such contract as including certain terms:
- Reasonable care and skill (section 49). The trader must perform the service with reasonable care and skill. This is usually judged against what a competent trader in the same line of work would have done.
- What the trader told you (section 50). Anything said or written to you by or for the trader about the trader or the service is binding where you took it into account in deciding to go ahead, or in a later decision about the service.
- Reasonable price (section 51). If no price was agreed, you only have to pay a reasonable price.
- Reasonable time (section 52). If no time was agreed, the work must be done within a reasonable time.
The trader cannot exclude or restrict its liability for the duty of reasonable care and skill (section 57). Where a job also involves supplying goods, such as a boiler, windows or a kitchen, the goods themselves must meet the separate rules for goods, including correct installation. See faulty goods.
Putting it right: repeat performance or a price reduction
If the service does not meet the contract, section 54 gives you two statutory remedies:
- Repeat performance (section 55). You can require the trader to do the work again so that it meets the contract. The trader must do it within a reasonable time, without significant inconvenience to you, and bear the cost.
- Price reduction (section 56). If repeat performance is impossible, or the trader has not carried it out within a reasonable time and without significant inconvenience, you can require an appropriate reduction in the price. Where appropriate, that can be the full price. A refund due under this right must be paid within 14 days of the trader agreeing you are entitled to it.
These sit alongside the ordinary remedies for breach of contract, such as claiming damages, provided you do not recover twice for the same loss. Damages can include the reasonable cost of having another trader put the work right.
Typical disputes
- Builders and tradespeople: defective or unfinished work, materials that differ from the quote, delays and overcharging where no fixed price was agreed
- Garages: repairs that did not fix the fault, work that was not authorised, and damage caused while the vehicle was with the garage
- Installers: windows, doors, kitchens, bathrooms, heating and similar work that was badly fitted or does not perform as described
- Other services: cleaners, removals, event and wedding suppliers, and similar consumer services
Some trades have a dispute scheme. Garages accredited to The Motor Ombudsman's codes, and members of the Furniture & Home Improvement Ombudsman, can be taken to those schemes once their own complaints process has ended. See ombudsman complaints.
The evidence that makes the difference
Workmanship disputes are usually decided on evidence, not argument. Before anything is changed or repaired, gather:
- the quote, estimate, contract or invoice, and any messages that changed what was agreed
- dated photos and video of the problem, taken before any further work is done
- a timeline of when the work started, what was said and when you complained
- where the problem is technical, a written report from a suitably qualified, independent person in the same trade
- receipts for any extra costs you have had to pay because of the problem
From complaint to claim
Written complaint
What was agreed, what is wrong, the evidence, and the remedy you want under the Act.
Chance to put it right
Usually the trader should first be asked to repeat the work, within a reasonable time.
Letter before claim
A formal letter setting out the claim. Court guidance expects a reply within 14 days in a straightforward case.
Scheme or small claim
An ombudsman scheme if the trader belongs to one, otherwise a small claim that you bring yourself.
Before you pay someone else to fix it
If you have another trader put the work right before the original trader has had a fair chance to do so, it can be harder to recover the cost, and the evidence of what was wrong may be lost. Unless there is a genuine emergency, record the problem fully, put it to the original trader in writing, and get more than one quote for the remedial work.
What we do
- Review the quote, contract, photos, reports and messages, and explain which rights apply
- Write the complaint and the request for repeat performance or a price reduction in your name
- Deal with the trader by email on your written authority before any court claim
- Prepare a letter before claim that follows the court's pre-action guidance
- Take the complaint to The Motor Ombudsman, the Furniture & Home Improvement Ombudsman or another scheme the trader belongs to
What we do not do
- Inspect the work or give technical opinions on building or engineering standards
- Handle anything involving an injury, which is a regulated claims management sector
- Deal with repairs a landlord should carry out, which is housing disrepair and also regulated
- Issue a court claim, file or serve documents, or write to the court for you
- Help with a court claim worth more than the small claims limit of £10,000. We will suggest where to go instead.
Common questions
Can I hold back the rest of the payment until the work is fixed?
Sometimes, but it needs care. Holding back an amount that fairly reflects the problem may be justified. Holding back far more than that can put you in breach of the contract yourself. We help you set out a proportionate position in writing before you decide.
The trader used a subcontractor. Who is responsible?
Usually the trader you made the contract with. A trader who arranges for someone else to carry out part of the work generally remains responsible to you for how that work is done.
How long do I have?
A court claim for breach of contract can usually be brought up to six years after the breach. Ombudsman schemes have their own, often shorter, time limits, and defects are harder to prove as time passes. It is best to act as soon as the problem is clear.
Do I need an independent report?
Not always. Where the problem is obvious from photos, it may not be needed. Where the trader says the work is fine, a short written report from someone qualified in that trade is often the strongest evidence you can have. We can tell you what the report needs to cover.
Our status
Appeal Specialists is an independent consultancy, not a law firm. We are not solicitors or barristers and we are not regulated by the Solicitors Regulation Authority or any other legal regulator, so you cannot complain about us to the Legal Ombudsman.
We provide non-reserved legal services only. We do not conduct litigation, file or serve court documents, or accept service of court documents for you. Where the law allows, we can speak for you at a small-claims hearing or a tribunal, but only with your agreement and, at small-claims hearings, only if you attend.
What you tell us is not protected by legal professional privilege. We never hold your money. We work on matters in England and Wales only. We do not guarantee any outcome.
All correspondence by email
We deal with everything in writing, so every point and every deadline is on the record. If you are replying to a letter from us, please quote our reference.