How long do I have to take a builder to court over defective work?

The standard limitation period for breach of contract is six years from the breach or from completion if the defect was not apparent at the time. The Building Safety Act 2022 extends this considerably for dwelling-related claims, but evidence weakens with time, so do not wait.

Can I take my builder to small claims court?

Yes. The small claims track in England and Wales handles claims up to £10,000 and is designed to be used without a solicitor. Scotland and Northern Ireland use their own procedures with different limits.

Do I have to try mediation before going to court with my builder?

Courts increasingly expect you to have attempted mediation first, and refusing it without good reason can result in adverse cost orders even if you win. Around 70% of mediated building disputes resolve without reaching a courtroom.

What evidence do I need to win a building dispute?

An independent surveyor's report is the single most important piece of evidence, alongside dated photographs, all written communications, the contract, and payment records. Judges are not construction experts and rely on expert evidence rather than your opinion that the work looks poor.

Can I adjudicate a dispute with my builder?

Usually not. The statutory right to adjudication under the Housing Grants, Construction and Regeneration Act 1996 excludes residential occupiers, so it is only available if your contract includes an adjudication clause, as JCT Homeowner contracts do.

What is a letter before action and do I need to send one?

It is a formal letter setting out your claim, what it will cost to fix, and what you want the builder to do, with a deadline to respond. Courts expect you to have sent one before issuing proceedings, and failing to do so can count against you.

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Phase 2 · Pre-Construction · Task 13 of 13

Dealing with Builder Disputes

What to do when the builder relationship breaks down: your legal rights under the Consumer Rights Act 2015, the dispute escalation ladder, mediation, small claims court, and how to recover your money.

15 min read£0-500 typicalUpdated 2026Premium

Dispute escalation ladder showing six resolution steps from direct negotiation through to county court, with costs and timescales at each level

Prerequisites

Complete these first

Homeowners who lose money in builder disputes don't usually lose it because the builder was terrible. They lose it because they chose the wrong resolution mechanism, acted too late, or had no evidence to back up their claim. A site diary full of dated photos beats a verbal complaint every time. A mediation that costs £500 beats a court case that costs £5,000. And knowing that you have six years to bring a claim is useless if your evidence has gone cold after two.

The formal dispute resolution process has a clear shape: what the law actually gives you, how each resolution step works, what it costs, and when to escalate. It picks up where managing your builder relationship leaves off, which deals with communication, warning signs, and the escalation framework for handling problems before they become disputes. What follows is for when the relationship has broken down and you need to recover money, get defective work fixed, or both.

Do this first

Everything below assumes you have a written contract in place, as covered in contracts and payment schedules. Without one, your legal position is weaker (though not hopeless). It also assumes you've been keeping a site diary and written records, as covered in managing your builder relationship. If you haven't, start now. Whatever records you can create from this point forward will still help.

What this guide covers

01Your Legal Foundation: The Consumer Rights Act 2015
02Evidence: What Courts Actually Need
03The Dispute Escalation Ladder
04The Adjudication Trap
05Small Claims Court: The Full Process
06The Time of the Essence Notice
07Limitation Periods
08Scotland, Wales, and Northern Ireland
09What This Costs

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