If a builder, tradesman, or contractor has done poor work, left a job unfinished, or overcharged you, you can claim against them in the small claims court in England and Wales — without a solicitor.
Can I Sue a Builder in Small Claims Court?
Yes. Claims against builders and tradesmen are among the most common disputes in the small claims track. If the value of your claim is £10,000 or less, the small claims court is the right route. Common disputes include poor workmanship, failure to complete work, using incorrect materials, and causing damage to your property.
What Grounds Can I Sue a Builder On?
Under the Consumer Rights Act 2015, any service provided to a consumer must be carried out with reasonable care and skill, within a reasonable time, and at a reasonable price. If your builder has breached any of these terms, you have grounds to claim.
You can also claim under the Supply of Goods and Services Act 1982 if you are a business, or in contract if there was a written or verbal agreement.
Step 1: Gather Your Evidence
Strong evidence is essential in builder disputes. You should gather photographs and video of the defective work, any written contract or quote, all invoices and payment records, written correspondence with the builder, and — where possible — an independent surveyor’s report or written estimate from another tradesman for the cost of remedial works.
Step 2: Send a Letter Before Action
Before filing a claim you must give the builder a formal opportunity to put things right. Your Letter Before Action should set out the defects clearly, state what remedy you are seeking (repair, compensation, or refund), and give them 14 days to respond.
Step 3: File Your Claim
If the builder does not respond or refuses to remedy the issues, file your claim online via OCMC (for claims up to £10,000) or MCOL. Your Particulars of Claim should describe the contract, what the builder agreed to do, how they failed, and what loss you suffered.
What Can I Claim For?
You can claim the cost of remedial works by another contractor, any reduction in the value of work already paid for, damage caused to your property, and the cost of alternative accommodation if the works left your home uninhabitable.
Frequently Asked Questions
What if the builder is a sole trader with no assets?
Winning a judgment is only useful if you can enforce it. If the builder has no reachable assets, enforcement may be difficult. Check whether the builder is a limited company (in which case you are suing the company, not the individual) or whether they have professional indemnity insurance.
Do I need a surveyor’s report?
Not required, but highly recommended. An independent report from a surveyor or another tradesman that confirms the defects and estimates the cost of remedial work significantly strengthens your case.
How long do I have to sue a builder?
You have 6 years from the date the breach of contract occurred (Limitation Act 1980). For latent defects in building work, time may run from when you discovered the problem.