Define the disagreement before choosing a process
Separate defective work, incomplete work, disputed extras, payment and delay. Prepare the contract, drawings, quotation, agreed changes, payment record and dated photographs. Citizens Advice recommends giving the trader a clear opportunity to address the problem and keeping the supporting evidence. [1]
Write a short chronology and identify the result you seek. For example, ask for an inspection and proposed repair method, rather than making an unsupported demand for a complete rebuild. Keep communications factual and preserve copies of what was sent.
Understand the consumer remedy
Where the Consumer Rights Act applies, services must be carried out with reasonable care and skill. Repeat performance and, in the specified circumstances, a price reduction are statutory remedies. Their conditions matter: neither a disputed invoice nor dissatisfaction alone proves entitlement to every amount claimed. [3] [4] [5]
Before engaging another builder to replace disputed work, obtain advice on notice, evidence and the first contractor’s opportunity to respond. Urgent safety work should be identified and documented separately from a general decision to terminate the contract.
Check whether adjudication is available
The Court of Appeal’s decision in RBH Building Contractors v James, handed down on 29 April 2026, examines the residential-occupier exclusion under section 106 of the Housing Grants, Construction and Regeneration Act 1996. A contract principally concerning work to a dwelling that a party occupies or intends to occupy as a residence can fall outside the statutory regime. Intention and the facts at contract formation matter. [2]
A contract can nevertheless provide a contractual adjudication route. RICS offers a homeowner service for disputes under the relevant JCT homeowner/occupier contract. Check that your agreement actually contains the applicable procedure rather than assuming any homeowner can start that service unilaterally. [6]
Choose the route that fits the dispute
Check for negotiation, a contractual complaints process, mediation or another agreed dispute-resolution service before proceedings. Where court action is needed, prepare the evidence and obtain advice on the appropriate process and potential costs. Citizens Advice explains complaint and further-action options, but the signed contract and dispute determine which is suitable. [1]
Do not assume that stopping every payment or excluding the builder from the site is a risk-free negotiating tactic. Get project-specific legal advice before termination or a disputed payment decision. As at 2 October 2026, the Commercial Payments Bill remains proposed legislation, not a replacement for the current rules. [7]