I paid a builder but he won’t start work, what can I do? DEAN DUNHAM replies

By DEAN DUNHAM

Updated: 11:40 BST, 7 May 2025

I’ve paid a deposit to a builder – now he can’t start for three months. Am I entitled to my deposit back? A. T

Dean Dunham replies: It depends on what you agreed and the specific terms of the deposit. 

If you have a written contract with the builder, you should be able to find the answer within that.

Look to see what the contract says about the completion date and if it provides the builder with any excuses to delay.

Dean Dunham: Where you stand depends on whether you have a contract with the builder

If you have no written contract, which is usually the case, you will have to think about what was said between you and the builder in relation to the start and completion date, and what promises were made to you. Any such promises will, therefore, form an oral contract.

In the absence of a written or oral contract, the default position will be what is reasonable. 

This means if you went to court over the matter, the judge would consider if it was reasonable for you to wait three months for the work to commence and if it would have changed your decision to instruct the builder had you known from the start that he could not start work for that long.

However, courts will be your last resort, especially because this route will likely take nine to 12 months – sometimes longer – which defeats the object when you are disputing a three-month delay.

You should, therefore, try to negotiate with the builder to see if an amicable solution can be reached.

As part of this, you could ask the builder to commit to new start and completion dates in writing. 

Also ask him to agree a written term in the contract so that if he misses the start date, you can have a full refund and terminate the contract – and if he misses the completion date, there will be a financial penalty.

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I paid a builder but he won’t start work, what can I do? DEAN DUNHAM replies

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