Breach of Contract and Negligence Claims Against Builders and Contractors

Many homeowners and business owners begin planning improvement works ahead of the spring and summer months. Most projects complete without difficulty. However, when building work is delayed, incomplete or falls below the expected standard, you may wonder what to do next.

Understanding whether you are dealing with a simple disagreement, a breach of contract claim or a potential negligence claim against a builder or contractor is the first step towards resolving the issue effectively.

What amounts to a breach of contract by a builder?

At its simplest, a breach of contract occurs when one party fails to do what was agreed. In building projects, this agreement may be contained in a formal written contract, a quotation or a series of emails or texts. Occasionally it may even be a verbal arrangement if supported by evidence.

A breach of contract claim against a builder may arise where works are not completed in accordance with the agreed specification, where there are unjustified delays, where the workmanship falls below what was promised, or where the contractor charges for items outside the agreed scope without proper approval.

Even relatively small domestic projects give rise to contractual obligations. The difficulty often lies not in whether a contract exists, but in establishing precisely what was agreed and whether the standard of work meets that agreement.

Clear documentation, including quotations, drawings, variations and payment terms, can make a significant difference when assessing whether a breach has occurred.

When can you bring a negligence claim against a contractor?

Negligence is slightly different. While a breach of contract focuses on what was agreed, a negligence claim against a contractor considers whether the builder exercised reasonable skill and care in carrying out the work.

Contractors and tradespeople are expected to perform work to a professional standard. If defective workmanship leads to structural problems, water ingress, unsafe installations or damage to other parts of the property, there may be grounds for a negligence claim even if the contractual wording is unclear.

In many building disputes, breach of contract and negligence overlap. The same defective work may give rise to both types of claim. Identifying the appropriate basis for the claim is important when considering the available remedies and limitation periods.

Poor workmanship or simply a disagreement?

It’s important to understand not every issue amounts to a legal claim. Minor snagging or misunderstandings about finish can often be resolved through direct discussion.

The law generally expects a contractor to be given a reasonable opportunity to remedy defects before more formal steps are taken. Acting too quickly, for example by instructing another builder without notice can complicate matters.

Where there is uncertainty about the quality of work, independent expert evidence from a surveyor can be helpful. An objective assessment often clarifies whether the issue is one of preference or a genuine failure to meet contractual or professional standards.

What evidence supports a building dispute claim?

In any construction dispute, evidence may include the contract or quotation, correspondence, photographs of the works, invoices and proof of payment. Additionally any records of conversations can also be valuable.

Where defects are alleged, a professional report identifying the problems, the cause and the cost of remedial works will usually strengthen a breach of contract claim against a builder or a negligence claim against a contractor.

It is important to proceed carefully. Withholding payment or terminating a contract without proper advice can expose you to counterclaims.

How are disputes with builders resolved?

Court proceedings are not always the first or best option. Many disputes are resolved through negotiation or mediation once the issues are clearly set out.

In more complex construction disputes, particularly those involving commercial premises or significant sums, formal pre-action protocols may apply. These processes encourage parties to exchange information and consider settlement before issuing proceedings.

Adjudication may also be available in certain construction contracts, providing a faster interim decision. Litigation remains an option where necessary, but it is generally viewed as a last resort after other avenues have been explored.

How mlplaw can help with breach of contract and negligence claims

Building disputes can be stressful, particularly where your home or business premises are affected. Our Dispute Resolution team at mlplaw can advise on breach of contract claims against builders, negligence claims against contractors and wider construction disputes involving property ownership, access or commercial premises.

If you are concerned about defective building work or a dispute with a contractor, contact mlplaw’s Dispute Resolution team for tailored advice on your next steps.