When you hire a professional to carry out work in or around your home, you expect the job to be completed on time, to a high standard, and in accordance with industry best practices. However, if the work falls short—whether due to poor workmanship or a failure to follow agreed instructions—there are steps you can take before resorting to legal action.
1. Gather Evidence: Document Everything
Regardless of whether your agreement with the contractor was verbal, over social media, or in writing, it is crucial to document the key terms of the arrangement. Ideally, you should have the following details recorded:
- Agreed instructions: Clearly outline what you want done, how you want it done, when you want it completed, and the intended purpose of the work.
- Price: Specify what the price covers, how it will be paid, and when payment is due.
- Dates: Include the date the agreement was made, the start date of the work, and the expected completion date.
Having these details in writing will help you establish the scope of the agreement and provide evidence if a dispute arises.
If the works have already been completed and no written contract exists, be aware that written communications (text messages, emails, letters) can substantiate the existence of a contract in the absence of a written agreement.
Before having works carried out, take photos of the area(s) that the contractors will be working on.
2. Identify the Damage
Once the work is completed, inspect the area thoroughly and take photographs to document any defects. In all service contracts, the contractor owes the consumer certain implied duties, including:
- Performing the work with reasonable care and skill.
- Ensuring the work is completed in a good and workmanlike manner.
- Delivering work that is fit for purpose.
- Completing the work within a reasonable time and for a reasonable price, unless the contract specifies otherwise.
If any of these duties are breached, the work may be considered defective.
3. Mitigate Your Losses
If you identify defects, you should give the contractor an opportunity to remedy the issues, unless the defects are so severe that you are unwilling to allow them back for fear of further damage. If the contractor returns but fails to fix the problems, you may need to hire another professional to rectify the work or request a refund to cover the cost of repairs.
It is important to note that you are not entitled to recover the cost of satisfactory work that was completed to a reasonable standard. For example, if your kitchen renovation was completed to a high standard except for the door frames and skirting boards, you can only recover the cost of fixing those specific defects. When hiring another contractor, ensure their rates are reasonable and in line with industry standards, as excessive charges may not be recoverable.
4. Determine Your Losses
After hiring another contractor to repair the defective work, compare the two invoices: the first invoice for the original work and the second invoice for the remedial work. The first invoice represents what you should have paid if the work had been completed correctly, while the second invoice reflects the additional cost incurred to bring the work to a professional standard.
Under English contract law, you are entitled to recover the reasonable cost of remedying defective work caused by the original contractor. This means the entire cost of the second invoice is recoverable, provided it is reasonable and directly attributable to the original contractor’s poor workmanship. In cases of professional negligence, you may also be entitled to recover the full amount paid under the first invoice, as tort law aims to restore you to the position you would have been in had the negligence not occurred.
For lower-value claims (under £25,000.00) , you can seek to bring a Money Claim online to save on legal fees: Make a court claim for money: Make a claim – GOV.UK
For higher-value claims, this is the stage where you would contact your solicitor with all of your evidence, including photographs of the damage, correspondence between you and the two contractors, written contracts for both contractors, and the two invoices proving the losses.
5. Understand Limitation Periods
For every claim, there is a period of time in which the claim must be brought or your entitlement to legal remedies are extinguished and the claim becomes time-barred.
The time frame for bringing a claim for defective works depends on the nature of the claim:
- Contract claims: If the defective work constitutes a breach of contract (e.g. failure to meet the implied terms of reasonable care, skill, or fitness for purpose), you generally have six years from the date the damage occurred to bring a claim. For larger projects executed as a deed, the limitation period may be longer.
- Negligence claims: If the contractor’s actions fell below the professional standard, you have six years from the date the damage occurred to bring a claim. However, if the defect was not immediately apparent, the limitation period is three years from the date you discovered the defect or when it should have reasonably been discovered.
By following these steps, you can protect your rights and ensure that any defective work is properly addressed, whether through negotiation, remedial action, or legal recourse.
Sources –
Supply of Goods and Services Act 1982
Consumer Rights Act 2015
