If you have engaged a professional in the construction sector, you have the right to expect their work to be safe and of a good If you have engaged a professional in the construction sector, you have the right to expect their work to be safe and of a good standard. If adequate care is not taken and projects go wrong, then you may be entitled to make a legal claim.
What is Professional Negligence in Construction?
Those in the construction industry owe a duty of care to their clients. This means that they are expected to carry out the work they were engaged to do to a standard that would be considered reasonable for an expert in their field.
Where this standard is not met, you are advised to seek legal advice. You may be eligible to bring a claim, and the court could order that the work be redone properly, or you could be awarded damages.
Examples of professional negligence include defective works, use of poor quality materials, poor design, incorrect plans or measurements, poor advice, breach of planning conditions or building regulations and failure to meet a reasonable timescale.
Upfront Payments and Building Issues
It’s not unusual for builders to ask for a percentage of payment up front. However, issues can arise where the work that follows is substandard, incomplete, or not delivered as agreed. Common examples include defective workmanship, the use of inferior materials, or abandoning the project partway through.
We regularly help clients who have paid contractors in good faith but have been left with serious defects or unfinished work. If this has happened to you, it’s important to seek legal advice early; you may have a claim for breach of contract or negligence.
Can I Withhold Payment for Substandard Work?
In some cases, yes, but only if the work is defective and you follow the right process. If a contractor has failed to meet the required standard, you may be entitled to withhold part of the payment or seek a reduction in the final bill. However, this should be done carefully and with legal guidance, to avoid breaching the contract yourself.
Do Builders Have to Provide a Guarantee or Warranty?
While there’s no legal requirement for builders to provide a written guarantee, most reputable contractors will offer some form of warranty for their work. Some are also part of trade associations that require them to meet certain standards and provide warranty cover. It’s worth asking for this in writing before work begins.
Making a Negligence Claim Against a Construction Industry Professional
If you have a valid claim, you should start proceedings as soon as possible, as there are strict time limits within which a claim must be started.
You will need to identify which professional is responsible for the breach of the duty of care. This may be straightforward, but in some cases, it can be more complex, for instance, where errors were made early on by architects or designers but were not obvious until the building work was commenced or completed.
You will need to put together full evidence of what has happened, together with details of any loss or damage you or your property have suffered.
The elements that you must prove to bring a successful negligence claim against a construction industry professional are:
- That you owed a duty of care
- The duty of care was breached, and reasonable care and skill were not used
- You suffered loss or damage because of the breach
- The loss or damage was reasonably foreseeable
If you believe that you have a valid claim, you should speak to an expert construction industry negligence lawyer who will be able to advise you of the steps to take to secure damages or have the work put right.
Consequences of Violating Construction Regulations or Standards
If construction work breaches building regulations or recognised industry standards, the consequences can be serious. This may include enforcement action from the local authority, costly remedial work, invalidated insurance, or even legal liability if someone is injured. You may also find it difficult to sell the property until the issues are resolved. If a professional has caused the breach, you could have grounds for a negligence claim.
Limitation Periods for Negligence Claims
In most cases, you have six years from the date the negligent act occurred to bring a claim. If the negligence wasn’t discovered until later, you may have up to three years from the date of discovery. However, there's a long-stop deadline of 15 years after the negligent act, regardless of when it was discovered. It's vital to act promptly and seek legal advice as soon as you're aware of a problem.
Who Can Be Liable?
There are often many individuals involved in construction projects, including:
- Surveyors
- Architects
- Builders
- Subcontractors
- Engineers
- Project managers
Negligence Claims Against Surveyors
If you engage a surveyor before you buy a property, you are entitled to expect them to provide you with accurate information about the condition of the property. If they fail to carry out their job properly, you could face a large and unexpected bill for remedying defects you did not know existed. Examples of surveyor negligence include:
- Failure to spot property defects
- Not carrying out a full inspection after being instructed to do so
- Not highlighting areas of future concern
- Incorrect valuation of a property
Negligence Claims Against Architects
The input of an architect is fundamental to the success of a building project. Where they make errors, you may be entitled to claim them. Examples of architectural negligence include:
- Poor management or supervision of a build
- Incorrect plans or mistakes in measurements
- Not complying with planning conditions
- Not complying with building regulations
Negligence Claims Against Builders Or Building Contractors
There is a wide scope for mistakes and poor workmanship on the part of builders and building subcontractors. They should follow the instructions given, either by you or by the architect or project manager, and their workmanship should be of good and workmanlike quality. Examples of builder negligence include:
- Not completing the work to a good standard
- Use of poor-quality or defective materials
- Not following the plans or instructions given
- Not completing the project within the agreed or a reasonable timescale
- Not complying with planning conditions
- Not complying with building regulations
How to Sue a Contractor
Suing a contractor should be a last resort, but it may be necessary if attempts to resolve the issue have failed.
Key steps include:
- Gathering Evidence: Photos, written communication, contracts, and expert reports will help build your case.
- Seeking Professional Advice: A construction solicitor can assess whether your claim is legally strong.
- Making a Formal Complaint: Before court action, you should raise the issue with the contractor directly or through an Alternative Dispute Resolution (ADR) method.
- Sending a Letter Before Action: This outlines your legal claim and gives the contractor a final chance to resolve things.
- Starting Court Proceedings: If all else fails, a claim can be issued through the court. This may result in compensation or an order for the work to be put right.
Is It Worth Suing a Contractor?
Whether it’s worth pursuing legal action depends on the nature of the problem:
Major Issues
If the work is unsafe, structurally flawed, or has caused significant financial loss, court proceedings may be the best option. These cases often involve expert evidence and can result in substantial compensation or corrective work.
Smaller Issues
If the dispute involves a small sum or minor defects, it may be better to resolve it through negotiation, mediation, or the small claims court. Taking early legal advice and keeping good records can reduce the risk of escalation.
Funding a Claim for Construction Negligence
Ways to fund your claim may include:
- No Win, No Fee (Conditional Fee Agreement)
- Legal Expenses Insurance (check your home or business policy)
- After the Event (ATE) Insurance
- Fixed-Fee Legal Advice
- Private Funding (Self-Funded Legal Fees)
We can talk you through the best option for your circumstances.
Contact Our Professional Negligence Solicitors
We represent individuals in bringing claims for professional negligence as well as those in the construction sector who are defending allegations against them.
We have wide experience in dealing with construction industry compensation claims and a strong track record of success in achieving our clients' desired outcomes.
If you would like to speak to one of our expert construction industry solicitors, ring us at 0300 303 2071, email us at info@witansolicitors.co.uk or fill in our contact form, and we will talk through your situation with you and discuss the options available.
FAQ
Does home insurance cover poor workmanship?
By Builders
Home insurance usually won’t cover poor workmanship unless it causes secondary damage (e.g. water damage from a poorly fitted pipe). Some builders may offer insurance-backed guarantees, so it’s worth checking what cover is in place.
DIY
Most home insurance policies exclude damage caused by DIY errors or unqualified tradespeople. If work has gone wrong, you may need to fund repairs yourself or pursue a negligence claim if a contractor was involved.
What can I do if the builder hasn’t done a good job?
Poor-quality workmanship may be a breach of contract or negligence. You may be able to claim the cost of repairs or have the work redone by someone else, with the original contractor liable for the cost.
What if the builder didn’t do what we agreed?
If the builder has deviated from the original agreement or failed to follow the plans, you may have a strong case. Keep copies of the quote, scope of work, and any correspondence to support your position.
Can I claim if the work wasn’t finished on time?
If the builder has missed key deadlines or the project has dragged on unreasonably, this could be a breach of contract. You may be entitled to compensation if you’ve suffered a loss as a result.
What if the builder charged more than I expected?
Surprise charges must be justified and agreed upon. If the builder has added costs without approval, you may be able to challenge the final bill. Always ask for a written breakdown of the charges.
What can I do if something wasn’t installed properly (e.g. a kitchen or boiler)?
Incorrect installation may lead to performance issues, safety concerns or invalidated warranties. In many cases, a repair or replacement is required, and the original contractor could be held liable for the cost.
What if the builder’s work is dangerous or unsafe?
Unsafe work may breach building regulations or health and safety laws. This includes structural defects, electrical hazards, or faulty installations. You may need to report the issue to your local authority and take urgent legal action.
