Asking a Builder to Rectify His Defective Workmanship

Asking a builder to rectify his defective workmanship

(Your address)

(Company/ supplier address)

Dear

[Reference: estimate number]

On [date] you undertook [work] at the above address. On [date] this work proved defective: [describe].

If you entered into your contract before 1 October 2015:

It was implied in the contract between us that you would carry out the work with reasonable care and skill and would use materials of a reasonable quality. This is

laid down by the Supply of Goods and Services Act 1982. The above defect shows that you have failed to fulfil these legal obligations. I therefore have a claim against you for breach of contract.

OR:

If you entered into your contract before 1 October 2015:

It was implied in the contract between us that you would carry out the work with reasonable care and skill and would use materials of a reasonable quality. This is

laid down by the Consumer Rights Act 2015. The above defect shows that you have failed to fulfil these legal obligations. I therefore have a claim against you for breach of contract.

However, while reserving my rights to claim against you, I am prepared to give you an opportunity to carry out repairs to rectify the matter within a reasonable time at no charge to me.

If you do not carry out the necessary remedial work within 14 days, I shall have no alternative but to retain another contractor to put the matter right and look to

you to bear the cost of the work, as I am legally entitled to do.

Yours sincerely

NOTE:

When you give the builder a chance to put the work right, make sure you keep your rights open by saying at the outset that you are ‘reserving your rights’. That way you can still claim if the job is done badly.