What to Do if a Tradesman Doesn’t Finish a Job

It’s unusual and unfortunate, but being left with an unfinished project does happen. If your tradesperson hasn’t finished the job you’ve commissioned them to do, the good news is that there are plenty of avenues you can go down to address the problem – either to get them to return and complete the work or to pay your compensation.

First though, it may be that there’s a reasonable excuse for them not turning up or being uncontactable. If they – or a member of their family – are seriously ill, it would be understandable they haven’t found a moment to let you know. Or, it could be that there are delays with supplies or issues with sub-contractors, and while trying to resolve those problems, their communication has accidentally lapsed.

Another issue could be that they’re behind with a previous building project and have had to devote more time to it. When you don’t know the ‘why’ behind your contractor’s lack of contact it’s easy for anxiety levels to soar, so it’s best to try and speak with them directly ASAP, rather than waiting another couple of days.

Talk to your contractor

If you manage to track your tradesperson down, rather than shout at him or her, talk to them in a reasonable manner to try and reach some sort of decision on what the next steps should be. If they can’t – or won’t – get the work done, then it may be that you agree to part ways. If you’ve paid money upfront, you should get your money back for the outstanding work.

Document everything

If you can’t get hold of your tradesperson, keep trying – and take screenshots of when you have tried to phone, WhatsApp, text or email them. This shows that you have been making attempts to get in touch and they are not responding, for whatever reason. Your attempts at communication aren’t the only evidence you should be keeping though. There’s other documentation you should look to as well:

Take pictures of the unfinished work

Take pictures of your home and areas where work is still to be completed in line with your contract. If you’re not happy with any finished work then take pictures of this too. This is all useful to refer back to, and will help you in articulating the actuality of the problems, rather than letting emotion take over.

Write down what has happened

Record on a computer file or notebook why you’re annoyed, and what building work or otherwise has still to be completed. Note too, when you last saw your tradesperson and the number of times you tried to contact them, complete with times and dates, and the method of communication you used.

Screenshot text and WhatsApp messages

Now that we’re able to delete sent messages on WhatsApp and via iMessage, it’s even more important to make sure you screenshot conversations. If you’ve been communicating on email, do the same, or print them out so you have a hard copy. That way you can verify you have attempted to make contact and what they have replied in turn (if at all).

Record phone calls

It’s simple enough to record a phone call on your mobile phone. This gives you further evidence should the matter of the unfinished work be taken further, to arbitration or the small claims court.

Work out financials

How much of the, for example, building work is still outstanding – and at what cost? Your tradesman will owe you this money if they haven’t managed to complete the work in agreement with their contract. You may have to take further action to get them to pay up though.

Talk to them to try and resolve the problem

It’s always a good idea to try and sit down and talk with your tradesperson to find out what’s at the bottom of the issue. Like with any other situation, you never really know what’s going on with someone until you dive deeper: the root cause might be a personal family matter or it could be a money matter. Whatever it is, attempt to resolve the issue face to face, rather than have to fight a costly legal battle – which can take months and leave you out of pocket in the meantime.

Agree to part ways and settle up

If the situation can’t be resolved, then a mutual agreement to leave the job as-is and get your money back for the outstanding work is often the best way forward for all concerned. And, certainly, it’s within your consumer rights to ask for it.

Come to an agreement on terms for them to finish the job

It could be that you let the tradesperson finish the job without charging them a late completion fee, or sort out some other contractual agreement on revised terms that seems fair to both parties.

Check your contract

Checking your contract will let you know whether it’s possible to stop the job right there and then, and for what reason. Otherwise, breaking a contract without good reason can prove costly.

Terminating the contract

If you do decide to terminate the contract then do so in writing, outlining why you’ve decided to do so. Date the letter and keep a copy as evidence.

Making a formal complaint

It may be that prior to resolving the contract you may want to use the tradesperson’s formal complaints procedure. This may be outlined on their website. If there’s nothing on their website, look into whether they’re a member of a trade association.

Getting a refund

Under your consumer rights, you’re entitled to have your money refunded for work that you’ve paid for but which hasn’t been completed. The same applies if existing work isn’t up to the standard agreed, or is carried out without ‘reasonable care or skill’. This is where having photo documentation showcasing poor workmanship can really help you out.

Contact their trade association

If your tradesperson is aligned with a trade association then you’ll find they are obligated to follow certain procedures in line with clients’ consumer rights. This is especially the case in the event of a dispute with a client.

The Trade Association will probably get in touch with its member to find out what has happened and why. It’s within their interest to have reputable members and someone who will bring them a bad name will be banned. The Trade Association will also be able to advise you on the best course to take if you’re out of pocket.

Alternative Dispute Resolution (ADR) Schemes

Your tradesperson may have signed up to an Alternative Dispute Resolution (ADR) Scheme. In doing so he or she has agreed to try and sort out a dispute without having to take legal action via the small claims court process. This tends to be less expensive for both parties and is a form of mediation.

It may be listed as ‘dispute resolution’ on the tradesperson’s website or it could be listed under their terms and conditions (which should also be on the website or in their contract terms).

You should then post or email your complaint, together with any supporting images, screenshots and email threads as evidence.

When your complaint does go to ADR then an independent ‘judge’ or ‘ombudsman’ will look at the complaint, together with the evidence and decide the next course of action. Arbitration is usually the step prior to taking a tradesperson to court.

The arbitrator should take no more than 90 days to get back to you with their findings. If they won’t go ahead with your complaint then you should be notified of this within three weeks of them receiving your letter.

Claiming back credit card or PayPal payments

It may be that you can resolve your financial claim via another channel. The Financial Ombudsman Service might be able to help if you paid the tradesman via credit card, PayPal, Apple Pay or through some form of finance agreement. You can write to them with a copy of your complaint and they’ll let you know if you can make a ‘section 75’ or ‘chargeback’ claim, which can come into play if you can’t resolve a problem regarding goods or services directly with your supplier.

Small claims court

Arbitration can work well but, if you don’t get the result you were looking for, then it may be time to go to the next stage – taking the legal route via the small claims court. You fill in a form online and use the Small Claims Mediation Service. Depending on how your tradesperson responds, you’ll be told what the court decides at a later date, or your matter will be taken to court.

It’s worth noting that the small claims court can only help if your tradesperson owes you £10,000 or less.

Contacting Trading Standards

Trading Standards is a government service that ensures businesses operate fairly and consumers are protected. To file a complaint, gather relevant documents such as the contract, invoices, and any communication with the builder. Visit the Citizens Advice website for guidance on how to contact Trading Standards.

Seeking legal assistance

Legal action can be expensive, but if your tradesperson owes you thousands, then it may be worth going down this route.

A lawyer can help you claim compensation if you can prove the main contractor didn’t fulfil their side of the legal bargain, for example, if they failed to complete the work, it wasn’t up to standard or the work done poses a safety hazard.

The Consumer Rights Act 2015 may be useful if it comes to this.

Leaving negative feedback

Renovations are personal and emotional projects. It can be very tempting to leave negative feedback if you feel you’ve been treated in a shoddy manner by a tradesperson for building work. But don’t do anything until a decision has been made following arbitration, or until you go to court. Or, if you are in talks with your contractor, until they have agreed to give you a refund. Leaving an angry review before any solution is set in stone isn’t going to help your case with your contractor.

Waiting will also give you time to recalibrate and reassess all the facts. Is the tradesperson solely to blame for the outcome of the project? Or were there problems that arose that were out of their control, or things that could have been communicated better to them? Once you’ve done so, by all means leave a review then. Make it an honest one and remember that the whole point of a review is to give a potential client an idea of the work and communication provided by the tradesperson.