When Should I Get Legal Advice About Building Work?
When talking hasn't worked, the money is significant, or you're about to take a step that is hard to undo. Here is where to start, and how to prepare.
The short answer
Before any step that is hard to undo, and whenever the stakes are high.
Consider getting legal advice about building work when a problem hasn't been resolved by talking to the contractor, when a significant amount of money is involved, when you are thinking of ending the contract, withholding a large payment, bringing in another contractor or going to court, or when the other side has involved a solicitor. For smaller matters, free guidance from Citizens Advice is often enough to understand where you stand.
Many problems with building work are settled without lawyers, by raising them early, in writing, and giving the contractor a fair chance to put things right. Advice is not a sign that things have gone badly. Taken at the right moment, it often stops a disagreement becoming a dispute.
The moments that matter
Six points where advice is worth having
Before ending the contract
Treating a contract as over, or telling a contractor not to come back, has consequences. Get the order of events right first.
Before withholding a large sum
Holding back money can be justified, but it can also put you in breach. See can I withhold payment for bad work?
Before another contractor starts
Bringing in someone else too early can make a later claim harder. See what if the job was left unfinished?
When a solicitor's letter arrives
If the contractor, or their solicitor, writes to you formally, take advice before you reply.
When time may be running out
Legal claims have time limits. If a problem is old, check where you stand. See how long do I have to complain?
Before starting a court claim
Even for a small claim, it helps to understand what you would need to prove and what it might cost.
Where to start
Free guidance, and when a solicitor earns the fee
Often covered by free guidance
- Understanding your consumer rights in general
- Writing a clear complaint letter
- Knowing what ADR and small claims involve
- Checking whether a time limit may apply
- Smaller disputes over modest sums
Worth a solicitor
- Large sums, or serious damage to your home
- Ending a contract part way through
- A counterclaim from the contractor
- Unclear or unusual contract terms
- Anywhere the other side is legally represented
Sources of help
Where advice usually comes from
Citizens Advice publishes clear guidance on consumer rights and building work, and runs a consumer helpline. Scotland and Northern Ireland have their own consumer advice services, and Citizens Advice will point you to the right one.
Legal expenses cover. Check your home insurance documents. Some policies include legal expenses cover, or it may have been added as an option, and it can pay for advice or representation in a consumer dispute. Read the policy or call your insurer before you instruct anyone, as they may need to approve it first.
A solicitor. Look for one who handles consumer or construction disputes. The Law Society (England and Wales), the Law Society of Scotland and the Law Society of Northern Ireland each run a public search of practising solicitors. Ask about fees at the start; some offer a fixed-fee first meeting.
For a disagreement about whether work is defective, you may also need an independent expert, such as a chartered surveyor, alongside or before any legal advice.
Before you meet anyone
How to get the most from advice
Write a short timeline
One page, in date order: what was agreed, what happened, what you have asked for and what the contractor said.
Gather the documents
Quote or contract, changes, payment records, messages and photographs. What records should I keep? lists them.
Know what you want
A repair, a price reduction, money back, or the job finished. Advice is more useful when the goal is clear.
Ask about cost and proportion
Ask what the advice will cost and whether the likely outcome justifies it. A good adviser will tell you when it doesn't.
Before any claim
The court expects you to have tried first
If a dispute does head towards court, the courts generally expect both sides to have tried to settle it first: setting out the problem in writing, sharing the key documents, giving the other side a fair chance to respond, and considering alternatives such as mediation. A formal letter setting out your claim is normally expected before proceedings start. This is one reason to keep your correspondence calm and factual from the beginning, because it may later be read by someone deciding the case.
GOV.UK explains the process for making a court claim for money, and Citizens Advice has template letters for consumer complaints. The rules and procedures differ in Scotland and Northern Ireland.
This is general information, not legal advice. It is not a substitute for advice on your own circumstances from a qualified adviser.
If you use Mortaro
We keep escalating while you take advice
On a project Mortaro coordinates, we keep raising the problem with your contractor and pushing for a resolution, whether or not you have taken advice. We don't give legal advice ourselves, and your legal position is with your contractor, who holds your construction contract and the workmanship warranty. Putting things right explains how we escalate.
Straight answers
Questions about legal advice
Do I need a solicitor for a small claim?
Not usually. The small claims process is designed for people to use themselves. Small claims for building work explains how it works.
Is mediation an alternative to legal advice?
It is an alternative to going to court, not to understanding your position. Many people take brief advice before mediating. See mediation and ADR for building disputes.
How much does legal advice cost?
It varies widely. Citizens Advice is free, some solicitors offer a fixed-fee first meeting, and legal expenses cover may pay if you have it. Ask for a written estimate before instructing anyone.
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.