Can I withhold final payment for defects?

Yes if defects are contractor's responsibility and not yet remedied — but only proportionate withholding. Withholding entire final payment for minor snags is disproportionate and may breach contract. Best practice: pay minus reasonable retention for defects with written explanation; engage CA if dispute; raise through formal process if unresolved.

How long does resolution take?

Direct discussion: days to weeks. Mediation: 4–10 weeks. JCT adjudication: 28 days from referral. FMB dispute service: 6–14 weeks. Arbitration: 4–10 months. Court: 12–24 months typical. Cost and time escalate dramatically — settle at lowest level when possible.

Can I sack my builder mid-project?

Yes but procedure matters. Contract typically requires written notice with specified default (breach, repeated quality failures, abandonment, insolvency). Wrongful termination exposes client to damages claim. Best practice: written notice of default with cure period (14–28 days); independent surveyor opinion before notice; legal advice; replacement builder lined up. New builder typically 30–60% more for mid-project takeover.

Will home insurance cover building disputes?

Standard home insurance: no — covers physical damage, not contractual disputes. Legal expenses add-on: sometimes — provides legal advice and partial litigation cost; verify cover specifically includes building disputes. CAR insurance: no — physical loss during build, not contractual claims. Best protection: detailed contract, contingency for legal costs, builder's PI insurance.

Domestic Building Contract Disputes London 2026 | Builderr

How to Handle Domestic Building Contract Disputes in London

Most London domestic building disputes resolve via communication (60%), mediation (20%) or contract adjudication (12%) before court (8%). Common: cost overruns, delays, defects, scope, payment. Always: keep written records, follow contract dispute clause, get independent surveyor opinion, attempt mediation before litigation. JCT contracts have 28-day adjudication route. FMB dispute service free to members. Court last resort — slow and expensive.

Common dispute types

(1) Cost overruns: variations not authorised, PC exceeded, provisional sum scope creep, builder quote exclusions emerging. Avoid: detailed cost plan, VO authorisation process, written records. (2) Delays: programme overrun without justification, weather claims, supplier delays passed to client. Avoid: realistic programme, written change orders for any programme impact, documented decisions. (3) Defects: workmanship below standard, materials not as spec, snag list growing. Avoid: clear specification, regular inspections, photographic record. (4) Scope disputes: builder claims work outside contract; client claims implied/normal. Avoid: detailed specification, agreed scope statement at start. (5) Payment disputes: builder claims interim due; client withholds for quality. Avoid: clear payment schedule linked to milestones; payment certificates from CA. (6) Quality vs cost: builder 'good enough'; client premium spec expectation. Avoid: detailed spec, samples for finishes, sign-off process.

Resolution escalation ladder

Step 1: Direct discussion — 60% resolve here. Talk face-to-face; identify complaint; propose solution; document in writing. Step 2: Formal written complaint — set out claim with evidence; reasonable response time (14 days). Step 3: Independent surveyor opinion — RICS chartered surveyor visits, reports £450–£1,200 per visit. Step 4: Mediation — trained mediator facilitates (RICS or CEDR) £950–£2,800 split; ~70% settle. Step 5: Contract adjudication (JCT) — adjudicator appointed; written submissions; decision within 28 days; binding subject to court challenge. £1,800–£4,500. Step 6: Arbitration — longer, professional arbitrator, binding, limited appeal. Step 7: Court — last resort; County Court ≤£100k; High Court above. 12–24 months; £10–50k+ legal fees.

Federation of Master Builders dispute service

FMB runs free dispute resolution for members. Process: complaint submitted; FMB conciliation officer reviews; recommendations issued; if rejected, formal arbitration available. Limited to FMB-member builders. Free for client; modest cost to builder. Speed: 6–14 weeks conciliation; 4–8 months full arbitration. Outcome: legally enforceable arbitration awards; FMB can sanction non-compliant members. Reputation pressure on members to engage constructively. Always verify builder is genuine FMB member — many use logo without active membership; FMB website has checker. Trade alternatives: Federation of Plastering, ECA, Gas Safe — each has dispute resolution.

Documentation essentials

Documentation that wins disputes: (1) Written contract (JCT, FMB, bespoke) with clear scope, programme, payment terms. (2) Written variations — every change documented and signed before work proceeds. (3) Date-stamped photographs at each stage. (4) Site visit notes weekly. (5) Email/written correspondence — verbal agreements not enforceable. (6) Site diary from contractor. (7) Specification with material samples, brand/model numbers. (8) Payments — bank transfers, dated invoices, payment certificates. Lose disputes: verbal agreements, photos without dates, handshake contracts (still legally binding but harder to prove), changes without paperwork, unsigned variations. Build documentation discipline from day one; doesn't have to be lawyer-grade, just consistent.