Property Disputes – Can I Claim Against the Builder if I Don’t Have a Contract?

Key Points:

You may still have a legal right to claim against a builder even without a written contract.
Claims can be based on verbal agreements, implied contracts, or statutory rights under consumer protection law.
The Defective Premises Act 1972 and Consumer Rights Act 2015 may offer protection.
Evidence such as emails, messages, invoices, and witness testimony can support your claim.
Builders owe a duty of care under tort law even without a formal contract.
Legal advice is crucial, especially where large sums or structural issues are involved.

Introduction

Disputes between homeowners and builders are an all-too-common reality in the property sector. Whether it’s a botched extension, unfinished work, or shoddy craftsmanship, the frustration and financial consequences can be considerable. Many assume that without a written contract in place, they have no legal recourse. But this isn’t necessarily true.

The legal framework in England provides several potential routes to seek redress—even when the formal paperwork is missing. If you’ve paid for building work that hasn’t met expectations, understanding your legal position is essential. This article explains what rights you may still have against a builder in the absence of a written contract and how the courts might view such claims.

Can You Have a Contract Without Paperwork?

The short answer is yes. English law recognises oral contracts and implied contracts as legally binding, although proving their existence can be more complex.

An agreement doesn’t need to be written to be enforceable. If there was a clear offer, acceptance, consideration (usually payment), and an intention to create legal relations, a contract can exist—even if nothing was ever put in writing.

In the context of building work, a verbal agreement where you instruct a builder to carry out work for a specified sum could be enforceable, provided there is some evidence to support your account. For example:

Texts or WhatsApp messages confirming the job and price
Invoices or receipts issued by the builder
Bank transfers or payment records
Witnesses who heard or saw the agreement being made

Implied Terms and Statutory Protection

Even if the agreement is vague or informal, the law may imply terms into your arrangement based on legislation. Two key pieces of legislation are particularly relevant:

1. Consumer Rights Act 2015

If you hired the builder as a private individual (not as a business), and they are trading as a business, then the Consumer Rights Act 2015 (CRA 2015) applies. The Act implies several key terms into contracts for services, including that the work must be:

Carried out with reasonable care and skill
Completed within a reasonable time
Charged at a reasonable price, if none was agreed in advance

These statutory rights apply whether the agreement is written, verbal, or implied. If the builder failed to meet these standards, you may be entitled to a remedy—such as a partial refund, rectification of work, or compensation.

2. Defective Premises Act 1972

Where the builder’s work relates to the construction, conversion or extension of a dwelling, they may have a duty under the Defective Premises Act 1972. This law requires builders to ensure that the work is done in a workmanlike manner, using proper materials, and that the property is fit for habitation.

Importantly, this duty extends not just to the person who commissioned the work, but also to future owners. So even if you purchased the home after the work was completed, you might still be able to bring a claim under this statute.

Claiming in Negligence (Tort Law)

Even if there is no contractual relationship, you may be able to sue the builder in negligence if their work has caused you financial loss or damage to property. The courts have recognised that builders owe a duty of care to property owners to carry out their work safely and competently.

To succeed in a negligence claim, you would need to show:

The builder owed you a duty of care
That duty was breached
You suffered loss or damage as a result

A negligence claim may be especially useful where the defects have caused structural problems, damage to neighbouring property, or safety hazards.

Proving Your Case Without a Written Contract

The main difficulty in cases without a written contract is evidence. The court will not take your word over the builder’s without some corroboration. The following can help support your claim:

Photographs of the work at various stages
Payment records showing how and when you paid
Messages or emails discussing the job or expressing dissatisfaction
Expert reports showing that the work was substandard
Witness statements from neighbours, family or tradespeople

Where possible, it’s advisable to instruct a building surveyor to produce a report on the quality and scope of the works. Their findings can carry considerable weight in court.

Time Limits for Bringing a Claim

Be aware of limitation periods. In general:

For breach of contract, the time limit is six years from the date of breach.
For negligence, the limit is also six years, though this may be extended if the damage was not discovered immediately.
For claims under the Defective Premises Act, the limit is also typically six years.

It’s important to act promptly, as delays can make it harder to gather evidence or enforce any judgment.

What If the Builder Has Disappeared or Gone Bust?

Unfortunately, some builders cease trading or disappear when things go wrong. If this happens, your options include:

Pursuing the builder in their personal capacity (if they were trading as a sole trader)
Making a claim under any insurance-backed guarantee, if available
Reporting the issue to Trading Standards or Citizens Advice
In some cases, contacting their professional body if they were a member

If significant sums are involved, it’s worth obtaining professional advice to assess the commercial viability of bringing a claim.

Wrapping up

While the absence of a written contract makes things more complex, it does not render your position hopeless. English law offers a flexible set of remedies that can still be used to hold builders to account, even in informal or undocumented arrangements.

What matters most is your ability to prove what was agreed and what went wrong. Building up a factual record—emails, photos, payments, expert reports—can be just as valuable as a written contract.

Finally, these situations underline the importance of formalising agreements upfront. Going forward, even a short written contract or signed quotation can save considerable stress and expense.

But if the damage is already done, don’t assume you’re without rights. Act early, preserve your evidence, and speak to a property solicitor before the situation escalates.

If you have any questions regarding this article, please call our office today on 02476 231000 or email enquiries@askewslegal.co