What If the Contractor Disputes the Problem?
Get the disagreement on paper, go back to what was agreed, and bring in independent evidence if you still can't agree. Here is how to keep it calm and moving.
The short answer
Get both views in writing, then let independent evidence settle it.
If a contractor says a problem isn't their fault, or isn't a problem at all, ask them to explain their reasons in writing. Then compare what they say with what was agreed in the quote or contract, and with your photographs and records. If you still disagree, an independent opinion from a suitably qualified professional, such as a chartered surveyor, is usually the clearest way forward. After that, alternative dispute resolution and, as a last resort, a court claim are available.
A disagreement about a defect is not unusual, and it doesn't have to become a dispute. Many are settled once both sides are looking at the same facts. The aim at every stage is to keep things specific, written down and calm.
What you might hear
Common reasons a contractor pushes back
Some of these are fair points. The evidence decides which.
"It's not caused by our work"
For example, damp blamed on condensation or on an older part of the roof. Ask what they think the cause is, and why.
"That wasn't in the quote"
The written quote is the reference point. Check what it actually says about the item in question.
"It's within normal tolerance"
Some variation is normal in building work. Ask what standard they are applying, and whether it is written down anywhere.
What to do
Moving a disagreement forward
Ask for their position in writing
What do they think the problem is, what caused it, and what, if anything, are they willing to do?
Go back to what was agreed
Compare their answer with the quote, any written changes and the warranty terms. Keep to the facts.
Meet on site
Look at the problem together. Many disagreements shrink once both of you are standing in front of it. Confirm what was said in writing afterwards.
Get an independent opinion
A written report from a suitably qualified professional who has no link to either side. How do I prove work was defective? explains what a good report covers.
Put a clear proposal in writing
Say what you would like done and by when, and give a reasonable time to reply.
Independent evidence
Why a third opinion helps both sides
An independent report costs money, but it changes the conversation. Instead of your view against the contractor's, there is a professional assessment of what is wrong, what probably caused it and what would put it right. Ask the expert to deal with cause, not just description, and to say whether the work meets a reasonable standard.
For roofing or structural questions, a chartered surveyor is a common choice. The Royal Institution of Chartered Surveyors (RICS) lists its members. Send the report to the contractor with a covering letter. It often resolves the disagreement on its own, one way or the other. Sometimes the report says the contractor was right, which is also worth knowing before you spend more time on it.
If you still can't agree
Independent routes to a resolution
Alternative dispute resolution means using an independent third party to help settle a disagreement without going to court. In mediation, a neutral person helps both sides reach their own agreement. Some trade associations and schemes offer their own complaints or dispute services to customers of their members. What is ADR for building disputes? explains the options.
A court claim is the last step, not the first. For smaller sums there is a simpler procedure for consumers. Can I take a builder to small claims? explains how it works, and when should I get legal advice? helps you decide when to bring in a professional.
Tone
Keeping the conversation constructive
How a disagreement is handled often decides how it ends. Stick to what you can see and what was agreed, and avoid guessing at motives. Short, dated messages that each make one point are easier to answer than long ones that cover everything at once. If a call gets heated, end it politely and follow up in writing.
It also helps to be clear with yourself about what you want: a repair, a return visit, a contribution to the cost or a price reduction. A contractor who knows exactly what is being asked is more likely to say yes to some of it. The when building work goes wrong guide sets out the full route from first complaint to resolution.
This is general information, not legal advice. Citizens Advice can help you understand your position before you commission a report or start a claim.
If you use Mortaro
We put your points to the contractor, and keep them there
On a project Mortaro coordinates, tell us what the problem is and what the contractor has said. We raise it with your contractor on your behalf, ask for a clear answer and a visit, and keep following up, so the matter doesn't stall. Contractors who fail to put their work right are removed from our network.
We don't judge the work ourselves and we are not an independent referee; the construction contract and the warranty are with your contractor. Can a coordinator help with a dispute? sets out exactly what we do.
Straight answers
Questions about disputed problems
Who pays for an independent report?
Usually whoever commissions it, at least at first. If the report shows the work was defective, the cost may form part of what you ask the contractor to cover, but that isn't certain.
Should I stop talking to the contractor?
No. Keep communication open and polite, and in writing. A door left open makes a settlement more likely.
Can I hold back payment while we disagree?
Holding back a proportionate amount is sometimes appropriate, but it is a significant step and it can harden positions. Read can I withhold payment for bad work? first, and keep any amount in proportion to the problem.
Start here
Tell us about the work you have in mind
We will confirm we cover your postcode, arrange a site visit with a contractor from our network and send you a written quotation. No charge, no obligation.