Can I sue for shoddy workmanship?

Introduction
You have a right to expect that paid-for building and repair work will be carried out with reasonable care and skill. If a tradesperson — whether a builder, plumber, electrician, decorator, roofer or gardener or whatever type of work is being carried out— performs poor-quality work or refuses to put mistakes right, you have a number of options. Remedies can include repeat performance (repair), replacement, a price reduction (partial or full refund), or damages for consequential loss. This article explains when and how you can pursue a remedy, practical steps to take, typical scenarios across trades, and how a paralegal at Impel Legal may be able to help if a contractor will not put things right.

Key legal principles (UK)
Consumer Rights Act 2015: Services must be performed with reasonable care and skill, within a reasonable time and for a reasonable price (where price isn’t agreed). If a service falls short, the consumer’s statutory remedies are repeat performance (the trader must fix the problem) and, where repeat performance is not possible or not carried out, a price reduction (which can be up to a full refund).
– Goods supplied as part of a job (e.g. materials) are covered by the CRA’s rules on goods: they must be of satisfactory quality, fit for purpose and as described. There is a 30‑day short-term right to reject faulty goods and get a refund in many cases.
– Contract and negligence law: You can sue for breach of contract or negligence if the trader has failed to meet contractual requirements or has been careless causing damage.
Consumer Credit Act s75: If you paid by credit card for goods/services costing between £100 and £30,000 you may be able to claim against the card provider for breach of contract (s75).
– Chargeback (bank/card provider): You may be able to recover payments via your card provider’s chargeback scheme (not a statutory right but often effective).
– Limitation periods: In England & Wales, most breach of contract claims must be started within 6 years from the date of the breach (Limitation Act 1980). There are different rules for personal injury or where the date of knowledge differs.

Initial steps you should take
1. Gather evidence immediately
– Photographs and video of the defective work.
– Copies of the contract/estimate, invoices, receipts and payment records.
– A diary of events (dates you reported the problem, what was said, who visited).
– Where appropriate, independent inspection reports (surveyor, electrician, roofer).
2. Contact the trader quickly and explain the problem
– Give them a reasonable opportunity to fix the issue. Tell them you expect repeat performance (repair) or, if that’s not possible, a price reduction.
– Put your complaint in writing, set a clear deadline (e.g. 14–28 days) and state the remedy you want.
3. Escalate if you don’t get a satisfactory response
– Seek an independent assessment, contact Trading Standards or Citizens Advice for advice, or consider formal action (alternative dispute resolution or court).
4. Preserve safety
– For dangerous defects (unsafe electrical work, gas, serious structural issues), stop using the affected system and contact a qualified professional immediately. Report dangerous/unregistered electrical or gas work to the relevant authorities.
5. Consider payment protection routes
– If you paid by credit card, contact the card issuer to discuss s75 or a chargeback claim. If you paid by debit card, ask your bank about chargeback options.

Practical remedies available to consumers
– Repeat performance: The trader must fix the work within a reasonable time at no extra cost (the primary statutory remedy for services).
– Price reduction: If repeat performance is impossible or not carried out, you can request a price reduction (which may be full or partial depending on the seriousness).
– Refund (for goods): For faulty goods you may have a right to reject within the short term and get a refund.
– Damages: Where poor workmanship has caused additional losses (e.g. cost of re-repair, property damage), you can seek compensation through court.
– Enforcement and reporting: Trading Standards, local authority building control and professional bodies can take action against rogue traders in some circumstances.

Five (plus) common trade scenarios — what to do and likely outcomes

1) Builder: Botched extension or structural work
Typical problems: Poor foundations, uneven floors, leaking extension junctions, non-compliant with planning/building regs.
Remedies and steps:
– Ask builder to put right (repeat performance) within a reasonable time; get agreement in writing about scope and timescale.
– If structural safety or Building Regulations compliance is in question, contact local authority building control — they may require remedial works and can serve enforcement notices.
– If the builder refuses or cannot remedy competently, obtain an independent structural survey and quotes for remedial works. Use those to calculate damages or a price reduction and consider small claims or court action for the cost of remedial repairs.
Case study (summary): Homeowner contracted for single-storey extension. Uneven floor and water ingress after heavy rain. Builder refused to return. Independent survey showed inadequate damp proofing and poor soil compaction. Builder agreed to remedial works after a letter before action; homeowner paid a reduced final sum and the builder completed remedials supervised by the surveyor.

2) Plumber: Leaks, flooding, or substandard installation
Typical problems: Improper pipe joints causing leaks, water damage to finishes, failure to fit backflow prevention.
Remedies and steps:
– If water damage occurred, stop use of system if required and get an emergency qualified plumber if safety is involved.
– Ask original plumber to repair; if they refuse, get independent quotes for repair and claim the cost from the original plumber.
– Claim for consequential damage (damaged flooring, walls) as part of your damages claim if caused by their negligence.
– If you paid by card, explore s75/chargeback to recover sums.
Case study: A newly-installed bathroom leaked after first use. The plumber attended but did not fix. Homeowner instructed an independent firm; claim for cost of repair and replacement tiles was pursued in the small claims court and awarded.

3) Electrician: Unsafe or non‑compliant electrical work
Typical problems: Live wires exposed, incorrect wiring, failure to certify or arrange inspections, dangerous installations leading to risk of electrocution or fire.
Remedies and steps:
– Do not use circuits you believe to be unsafe. For immediate danger, call a qualified registered electrician and your insurer if there’s fire risk.
– You can report unsafe trading to Trading Standards or local authority; unregistered electricians may face enforcement.
– Seek an independent NICEIC/ECA registered electrician to inspect and issue a remedial scope and cost.
– Claim repair costs and any damage; if the work caused a domestic fire, claim for wider losses.
Case study: An unregistered electrician rewired a house leading to tripping RCDs and multiple faults. An assessment by a registered electrician found non-compliant connections. The homeowner obtained remedial quotes and a court awarded damages including the cost to bring work up to standard.

4) Painter and decorator: Poor finish, wrong paint, or missed areas
Typical problems: Drips, uneven coats, wrong colour, failure to protect surfaces, missed work.
Remedies and steps:
– For substandard finishing, the trader should be offered the opportunity to re-do the work (repeat performance).
– If the finish still falls short, you can seek a price reduction or get independent quotations for redecoration and claim the difference.
– Where goods (paint) are faulty, the short-term right to reject may apply.
Case study: Painter used the wrong sheen for kitchen cupboards and left runs. After refusing to re-do the job, the customer obtained quotes and reclaimed the cost of redecoration via small claims. The court awarded the cost of remediation.

5) Roofer: Leaks after new roofing or flat roof installation
Typical problems: Poor flashing, loose slates/tiles, poorly installed flat roofing membranes causing leaks and secondary damage (mould, ceilings).
Remedies and steps:
– Roofing defects often lead to secondary property damage — document everything and stop further damage where safe.
– Require the roofer to attend and put it right (repeat performance). If they won’t, obtain independent roof inspection and remedial quote.
– If the roofer is a member of a trade body or offers a guarantee, check terms; many reputable roofers operate guarantees/insurance-backed warranties.
Case study: A flat roof was replaced and leaked within months. The roofer denied responsibility. An independent inspection showed poorly sealed overlaps. The homeowner used quotes to claim damages and recovered repair costs plus compensation for damp damage.

6) Gardener/landscaper: Destroyed plants, poor paving, drainage problems
Typical problems: Wrong levels, poor drainage causing water pooling, damaged mature plants, incorrectly laid patios causing trip hazards.
Remedies and steps:
– For negligence damaging valued plants or property, document loss and obtain replacement/reinstatement quotes.
– Seek repeat performance where possible; if not, claim the cost to replace or restore.
– If the gardener was advised about a specification and failed to follow it, this strengthens a contractual breach claim.
Case study: A gardener removed shrubs that were to be retained. The gardener admitted error and settled by paying the cost of replacement shrubs and replanting after a formal complaint.

How to escalate: ADR, small claims and Trading Standards
– Alternative Dispute Resolution (ADR): Many trade associations and some disputes are eligible for ADR schemes. ADR is often quicker and cheaper than court.
Small Claims Court: For lower-value disputes you can bring a claim in the small claims track of the County Court (England & Wales). Limits and rules change, so check current thresholds (and separate rules apply in Scotland and Northern Ireland). Small claims is designed to be consumer-friendly and you can represent yourself. Keep evidence and independent quotes.
– Trading Standards/Citizens Advice: Report rogue traders and get advice on next steps; Trading Standards can take enforcement action in some cases.
– Building control: For building regulation breaches, contact your local authority.
– Criminal enforcement: In severe cases (fraud, dangerous work), the police or Trading Standards may bring criminal proceedings.

Evidence checklist for any claim
– Written contract, estimate and scope.
– Photos and video of defective work and any consequential damage.
– Correspondence with the trader (texts, emails, letters).
– Invoices and proof of payment (bank transfer records, card receipts).
– Independent inspection reports and repair/quotation documents.
– Witness statements if neighbours or others observed the problem.

Costs, timeframes and outcomes
– Try to resolve the issue informally in the first instance — often traders will fix genuine mistakes.
– Small claims can take months from issuing to final hearing; courts may award costs but for low-value claims you usually recover only limited costs.
– If the trader is insolvent, recovering money may be difficult even with a court judgment.
– Time limits: act promptly; the longer you wait the harder it may be to prove your case and the more likely limitation periods will bar a claim.

Case studies (short summaries)
1) Credit card rescue: Mrs A paid £4,200 by credit card for a new bathroom. Work was incomplete and repeatedly botched. Card issuer accepted s75 claim and refunded the cost after the trader refused to remedy.
2) Small claims success: Mr B hired a roofer who replaced a roof but left leaks. An independent survey gave a remedial quote of £2,600. Mr B wrote a letter before action; when the roofer ignored it, Mr B won the small claims case and received the remedial payments plus court costs.
3) Dangerous electrical work: A home’s partial rewire by an unregistered electrician was found to be unsafe. The homeowner had a registered electrician make it safe and claimed the remedial costs. Trading Standards investigated the trader and an injunction prevented further work.
4) Builder forced to comply via building control: An extension was built without required damp-proof courses. Building control required remedial works. The builder eventually completed them after formal notices.
5) Gardener negligence settled: A gardener removed prize shrubs. After a formal complaint and threat of small claims, the gardener paid for replacements and replanting.
6) Painter remedied after mediation: A decorator produced a poor finish in a property rented out by Landlord C. Following mediation through an ADR scheme, the decorator re-did the work under supervision.

When you should consider professional help
– If the contractor refuses to put things right after written demand.
– If the sums at stake are large, or the case involves structural or safety issues.
– If you need help drafting a solicitor-style letter before action, preparing a small claims pack, or obtaining/assessing independent reports.
A paralegal at Impel Legal may be able to help if the contractor is failing to put things right. Paralegals can assist with:
– Reviewing your evidence and advising on likely remedies.
– Drafting and sending a formal letter of complaint / letter before action.
– Preparing a small claims court claim, including guidance on evidence and witness statements.
– Liaising with Trading Standards and other bodies where appropriate.

Practical tips to avoid problems in future
– Get a written contract/quotation specifying scope, materials, timescales and payments.
– Keep deposits modest and stage payments linked to completion milestones.
– Use traceable payment methods (credit card where possible for s75, or debit card for chargeback).
– Check reviews, references and trade association memberships (e.g. TrustMark, trading standards-approved schemes).
– Ask for certificates (electrical, gas) and written guarantees.

Conclusion
Yes — you can pursue a remedy for shoddy workmanship in the UK. Your routes include asking the trader to put the problem right (repeat performance), seeking a price reduction or refund, claiming damages for consequential loss, using consumer payment protections (s75/chargeback), pursuing the small claims court, or reporting rogue conduct to Trading Standards. Early and thorough evidence-gathering and giving the trader a reasonable chance to fix matters are important. If a contractor is refusing to remedy the problem, the paralegal at Impel Legal may be able to assist with assessing your case, preparing written demands and supporting a claim.

 

Note: This article is for general information and does not amount to legal advice. For advice specific to your circumstances, you should consult a qualified legal professional.

 

More reading.

Substandard Structural Work: Handle cowboy builders, unfinished extensions, or unsafe property renovations – problems with builders

Faulty Fitted Kitchens & Bathrooms: Address missing components, design mismatch, or catastrophic installation delays – Problems with fitted kitchen

Problems with new bathroom.

Rogue Roofers & Damp Proofing Scams: Stop intimidation tactics or unneeded work by leveraging the advice – Problems with roofer.