If things aren’t going to plan and your builder has gone AWOL without finishing the job, don’t panic. Before you start shouting breach of contract, or calling in a solicitor, always assess the situation to see if your builder has actually walked off site.

Often, there can be delays with materials or issues with contractors. Has your builder over-committed to too many projects at the same time, is there a cash flow problem or is there a sickness bug doing the rounds?

If however, your builder has literally disappeared (with all their tools), and is not answering phone calls nor finished the job he said he would; then you have a dispute.

There are 5 key questions you need to ask:

1.  Do you have a contract?
2.  How much is your build worth?
3.  How far away are you from finishing the build?
4.  How much have you paid over?
5.  How much do you need to spend to correct or finish the build?

With most contracts, there will be a procedure to follow if there is a dispute. If you haven’t paid over and the work up to this point has been of a good standard and on time, then a good option is to try mediation where you can negotiate and resolve the issue without incurring legal costs. Give the builder notice of 7 or 14 days to come back and finish the work.

But if this is the final straw in a litany of substandard works and poor commitment to your job, then to save yourself a lot of frustration and time, employ a second builder to complete the works. Make sure you document and detail everything so that any extra costs you have incurred to complete the build can be claimed off the first builder through the small claims court or legal action, as that is your next best step.

However, it is important you get advice before instructing another company to take over the build. If you want to try and claim any money back, you need to have communicated with the builder and given them time to finish the build themselves first. Also contracting a second builder could mean they might destroy or cover over evidence of an unfinished job, which would diminish the strength of any claim you may have. Wherever you can, take photos and document the work and if you can, make a diary – as the days will start to blur and you need to be as precise as you can if you do go down the legal route.

If you have paid upfront for work that hasn’t been started and the builder has simply run off with your money, then you could be the victim of a cowboy builder.  The police will have to see if there is enough evidence for a criminal charge of fraud – but even if your builder is convicted you might not get your money back or your build finished.

The best advice is to protect yourselves at the point of contract. Make sure you choose a builder that is recommended and has a good reputation. Ask to see examples of their work and set a final deadline for when they need to complete the work and discuss what would happen if they don’t finish on time.