Last Updated on 15 December 2025
Successful claim for defective building work highlights the strength of consumer protection in the UK.
We are delighted to report on an excellent outcome for one of our clients who pursued a claim for defective building work carried out by a sole trader.
The background to the defective building work claim
Our client consulted us after significant defects became apparent, and we advised him about claiming compensation for breach of contract and breach of the Consumer Rights Act 2015.
Because trials are expensive, parties usually try their best to resolve civil disputes informally. However, despite being given multiple opportunities to do so, the defendant failed to respond to any pre-action correspondence, did not make a settlement proposal, and declined to participate in mediation.
With the pre-action protocol requirements met and the avenues of alternative dispute resolution exhausted, the only option was for our client to proceed to trial.
After hearing the evidence, the court found entirely in our client’s favour, awarding compensation of tens of thousands of pounds. Our client was understandably delighted with the outcome, and the decision provides a helpful reminder of the legal protections available when building work falls below acceptable standards.
Under the Consumer Rights Act 2015, building services must be carried out with reasonable care and skill. Where a trader fails to meet this standard, consumers are entitled to remedies including:
- repeat performance (where feasible),
- a price reduction,
- and, where applicable, damages to put them in the position they would have been in had the work been performed properly.
In this case, the defects were so fundamental that substantial remedial work was required. Damages were therefore the appropriate remedy.
The court’s willingness to award substantial damages reflected a clear recognition of the seriousness of the defects, the financial impact on the claimant and the importance of upholding consumer standards.
The position of defendants who refuse to engage with the legal process
The judgment in our client’s case shows that builders cannot avoid responsibility simply because they operate as sole traders or small businesses. The statutory duty applies across the board.
The Civil Procedure Rules expect parties make a reasonable and genuine attempt at alternative dispute resolution, keeping the costs and time of both parties, as well as the court, to a minimum.
The Defendant in this matter failed to comply. And while the court cannot compel settlement, it can take a party’s conduct into account when considering who should be responsible for paying the legal costs.
This case is also a practical example of how refusal to engage with the legal process does not make a claim “go away”. If anything, that kind of conduct often accelerates formal proceedings and can result in the defendant’s financial liability being considerably greater than it would otherwise have been.
How we can help if you have a claim for defective building work
Defective building work can be expensive to rectify and stressful to deal with, but the law provides strong protection for consumers.
If you believe a builder has failed to carry out works with reasonable care and skill, our specialist team can advise you on your legal rights and guide you through the claims process.
We have offices in both Somerset and Devon and offer a range of funding options.
