Tradesperson repeatedly delaying work

When a tradesperson keeps delaying work, your position depends on what has been agreed, what has been said, and how long the delays have gone on. Here is the legal framework and your practical options.

Legal position:

Under the Consumer Rights Act 2015, where a contract for services does not fix a time for performance, the service must be carried out within a reasonable time. What counts as reasonable is a question of fact depending on the nature and complexity of the work.

If a specific completion date or timeframe was agreed, whether in writing, by text, email, or even verbally, that is likely a term of the contract. Failure to meet it is a breach.

Even without a fixed date, repeated delays, broken promises about start or finish dates, and failure to communicate can amount to a breach of the implied term of reasonable time.

You also have rights under the general law of contract. If the delay is serious enough, or if you have given the tradesperson a clear deadline and they have failed to meet it, you may be entitled to treat the contract as at an end and recover losses.

Practical steps in order:

1. Record what has happened. Keep a note of agreed dates, messages, excuses given, and the current state of the work. Screenshots of texts and emails are useful.

2. Put it in writing. Send a clear letter or email stating you are unhappy with the delays, summarising what was agreed, and giving a specific and reasonable deadline for the work to be completed or substantially progressed. This is sometimes called a "time of the essence" notice, and it puts the tradesperson on clear notice that further delay will not be tolerated.

3. State the consequences. In that letter, say that if the deadline is not met, you will treat the contract as terminated and arrange for someone else to finish the work, and that you will hold them liable for any additional cost.

4. If they still do not perform, you can end the contract and claim damages. Damages would typically be the extra cost of getting someone else to complete the work, and potentially other losses flowing from the delay such as temporary accommodation costs if applicable.

5. If money has been paid in advance for work not done, you are entitled to recover it. If the tradesperson refuses to return it, you can pursue it through the county court small claims track for amounts up to ten thousand pounds, or the fast track for higher amounts.

6. Before court, consider whether the tradesperson is a member of a trade body or guarantee scheme such as the Federation of Master Builders, TrustMark, or a similar organisation. Complaints through those bodies can sometimes produce faster results.

7. If the amount is modest and the tradesperson is a sole trader with few assets, consider whether court action is worth the effort and whether any judgment would actually be enforceable.

Key points to be aware of:

If you have already paid a large deposit and the tradesperson has done little or no work, act sooner rather than later. The longer you wait, the harder recovery can become if the tradesperson becomes insolvent.

If you paid by credit card and the total contract price was over one hundred pounds, you may have a claim against the credit card provider under section 75 of the Consumer Credit Act 1974.

If you paid by debit card, a chargeback request through your bank may be possible, though this is not a statutory right and depends on the card scheme rules.

If you want me to help you draft a suitable letter giving notice or to work through the next steps based on your specific situation, let me know the details and I can do that.