Who Pays to Put Defects Right?
Normally the contractor who did the work, at no cost to you. Here is when that applies, when it doesn't, and how to get it done.
The short answer
Normally the contractor who did the work, at their own cost.
If work was not done with reasonable care and skill, the contractor who carried it out is normally responsible for putting it right, at their own expense. Consumer law generally gives you the right to have the work redone or repaired at no cost to you, within a reasonable time and without significant inconvenience, and in some cases to a price reduction where that isn't possible. A workmanship warranty usually says the same thing in writing, for a set period.
The exceptions are the things that aren't defects in their work: wear and tear, damage from other causes, changes you have since asked for, and problems in parts of the building they didn't touch. The rest of this page sets out where the line usually falls, and how to get a defect put right.
Where the line usually falls
The contractor's cost, and costs that usually aren't
Usually the contractor's cost
- Work not done with reasonable care and skill
- Work that doesn't match the quote or specification
- Materials they supplied that were faulty or unsuitable
- Damage caused by the defect, such as a stain from a leak
- Return visits to investigate and repair their own fault
Usually not the contractor's cost
- Normal wear and ageing
- Storm damage or other outside causes
- Problems in parts of the building they didn't work on
- Changes you have asked for since
- Faults caused by missed maintenance or later alterations
Your legal rights
What consumer law says, in general terms
Under the Consumer Rights Act 2015, a business supplying a service to a consumer must carry it out with reasonable care and skill. If it doesn't, the first remedy is generally a repeat performance: the business puts the work right at its own cost, within a reasonable time and without causing you significant inconvenience. If that isn't possible, or isn't done within a reasonable time, you may be entitled to a price reduction, which in some cases can mean some or all of your money back.
Materials supplied as part of the job are covered by similar expectations. Citizens Advice explains all of this in plain language, and our page on your rights under the Consumer Rights Act goes into more detail. Whether a particular problem counts as a defect is the question at the heart of many disagreements. Is my builder responsible for defects? helps you work that out.
Getting it put right
The usual route
Report it in writing
Describe the problem, attach photographs, and ask the contractor to come and look.
Give them a fair chance
Agree a date for a visit and for the repair. The contractor is entitled to see the problem and put it right themselves.
Keep it on the record
Confirm what was agreed after every call or visit, and keep photographs of the repair once it is done.
Escalate if it stalls
If nothing happens, follow the steps in dealing with defective workmanship.
If you pay someone else
Bringing in another contractor
If the original contractor won't return, or can't put the work right, you may have to pay another contractor. Depending on the circumstances, that cost may be something you can seek to recover from the original contractor, but it is not automatic. Give the original contractor a clear written chance first, record the problem thoroughly before any repair starts, and keep every quote and invoice. Take advice if the sums are significant. Should I get another builder to fix it? covers the timing.
Urgent work to stop further damage, such as a temporary covering over a leak, is a different matter. Deal with it, keep the receipts, and tell the original contractor what you have done and why.
This is general information, not legal advice. For a large or disputed defect, speak to Citizens Advice or a solicitor before paying for remedial work.
If you use Mortaro
We push your contractor to put it right
On a project Mortaro coordinates, tell us about the defect by phone or email, with photographs. We raise it with your contractor on your behalf, push for a visit and a repair, and keep following up. Contractors who fail to put their work right are removed from our network.
Putting it right, and paying for it, is your contractor's responsibility under your construction contract and their workmanship warranty. We don't carry that cost ourselves. Putting things right explains how we escalate.
Straight answers
Questions about paying for defects
Can the contractor charge me to come and look?
If the problem turns out to be a defect in their work, it would be unusual for them to charge. If it turns out to be something else, a charge for the visit may be fair. Ask before they come.
What if the defect is outside the warranty period?
You may still have rights under consumer law, depending on the problem and how long ago the work was done. See how long do I have to complain?
What if the contractor has stopped trading?
A workmanship warranty depends on the business that gave it, so if the company has closed, it may no longer be possible to rely on it. Any manufacturer guarantee on products may still apply. What if my builder goes bust? explains what usually happens and who to contact.
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.