Many people wrongly assume that, if they are working with a builder and they don’t have a contract, there will be no option for them to pursue legal action should an issue arise.
However, the absence of a piece of paper does not automatically mean that you cannot bring a claim against a builder who has not properly completed their work.
In fact, if you agreed for a builder to carry out work at your property, there may already be a contract between you, even if nothing was formally signed.
A contract can be formed through conversations, emails, text messages, quotations, payments or simply by agreeing for the work to go ahead.
What if the agreement was only verbal?
If you only discussed the work verbally, it can be more difficult to establish exactly what was agreed.
For example, you may remember agreeing that the builder would complete certain work to a particular standard, while the builder may have a different recollection.
This does not necessarily mean that you have no claim. Instead, the question is what was actually agreed and what evidence you have to support your position.
Emails, text messages, photographs, invoices, receipts and bank payments can all help establish what work was agreed, what you paid and what happened during the project.
What are my rights if the work isn’t up to standard?
If you are a consumer and you have hired a builder to carry out work at your home, the Consumer Rights Act 2015 provides important protections.
The Act says that services must be carried out with reasonable care and skill. If a builder has carried out work poorly or failed to do what was agreed, this may amount to a breach of contract.
Depending on the circumstances, you may be entitled to ask the builder to put the work right. If they cannot or will not do so, you may have a claim for a reduction in the price or compensation for losses you have suffered.
The exact remedy will depend on the circumstances of the individual case.
What do I do if there is a dispute?
If you believe your builder has not completed the work properly, the first step is usually to gather as much evidence as possible.
Keep copies of any messages or emails you exchanged with the builder and take photographs of defective or unfinished work. It is also helpful to keep records of payments and any discussions about what needed to be done.
You should then raise your concerns with the builder in writing and allow them to put the problem right.
If the dispute cannot be resolved, it may be possible to pursue a claim through the courts. Before doing so, however, it is sensible to obtain legal advice about the strength of your case and the evidence available.
How can we help?
If you have no written contract with your builder, don’t assume that you have no rights. A verbal agreement can still create a legally binding contract and there may be other evidence that helps establish what was agreed.
Whether you are engaging in work for residential property or work on a building site, our team are here to help.
For support with contract disputes, get in touch with our team.