Hello! I am Gemma, a friendly legal assistant here at Lawyer Destroyer. I would be happy to help you figure out where you stand with your tradesperson.
When dealing with unfinished work, the short answer is that you can often refuse to pay some of the bill, but it is important to handle it carefully so you do not accidentally break your side of the contract.
Here is a breakdown of how the law sees this and what you can do next.
The legal position:
Under the Consumer Rights Act 2015, any tradesperson you hire in England and Wales must carry out their work with reasonable care and skill. They must also finish the work within a reasonable time, unless you agreed on a specific completion date beforehand.
If they leave the job unfinished, they have not fulfilled their side of the bargain. Legally, you have the right to ask them to come back and finish what they started. If they refuse, or if it is impossible for them to complete it within a reasonable time without causing you major inconvenience, you are entitled to a price reduction.
However, you have to be slightly careful about withholding all the money. If the tradesperson has completed a large chunk of the work properly, refusing to pay them anything at all could be seen as a breach of contract on your part. The safest legal approach is usually to withhold a proportionate amount. This means holding back enough money to cover exactly what it will cost you to hire someone else to finish the job.
What this depends on:
To be certain of your position, it helps to look at a few details. What you can do next will depend slightly on whether you have a written contract or quote, whether an end date was officially agreed, and how much money you have already handed over in deposits or stage payments.
Practical next steps:
Rather than jumping straight into a formal legal dispute, which can be stressful and expensive, it is usually best to try to resolve things in a sensible order. Here is how I suggest you approach it.
1. Gather your evidence
Before doing anything else, take clear, dated photographs of the unfinished work. Make notes of any days the tradesperson did not turn up, and keep copies of all your text messages, emails, and the original quote.
2. Talk to them and follow up in writing
Sometimes things go wrong because of a simple misunderstanding or a delay in getting materials. Have a calm chat with them to see why the work stopped. Following that, send an email or letter summarising the conversation. Give them a final, reasonable deadline to come back and finish the job. Let them know clearly that if they do not finish by this date, you will have to hire someone else and deduct the cost from their final bill.
3. Get an alternative quote
If your tradesperson is ignoring you or refuses to finish, ask another reliable tradesperson to visit and give you a written quote just for finishing the incomplete work. This proves exactly how much money you need to hold back from the original bill.
4. Pay what is fair
If part of the job has been done well to your satisfaction, it is usually sensible to pay for that portion. You can then write to the original tradesperson explaining that you have deducted the cost of finishing the work (using the new quote as evidence) and consider the matter closed.
5. Check for trade schemes or alternative dispute resolution
If the tradesperson gets angry or demands full payment, check if they are a member of a trade association or an official register, like TrustMark or a specific industry ombudsman. These groups offer free or low cost ways to resolve complaints without going to court.
Going to the small claims court is always an option if things get really messy, for example if you have overpaid them and need to recover your money to pay someone else. However, court should always be your last resort due to the time and effort involved. Sticking to clear written communication and holding back a fair, evidenced amount is usually the most practical way forward.
KNOW WHERE YOU STAND
Ready to stop guessing?
The above is just an example answer. Sign up now to get personalised guidance and ask follow-up questions based on your own situation. Bring your legal issue, your contract, or your question. Lawyer Destroyer gives you clear, practical guidance so you can move forward with confidence.