Homeowner Seeks Refund After Builder Delays Start of Project for Three Months and Questions Entitlement to Deposit in the UK

It’s a frustrating situation when you’ve already paid a deposit to a builder, only to find out they can’t start the job for another three months.

So, what do you do now?

Are you entitled to get your deposit back, or are you stuck waiting?

Here’s a breakdown of how to handle this kind of situation.

Check the Contract: Written Terms Matter

First things first, it all depends on what you and the builder agreed upon, especially if you have a written contract in place.

If there’s a formal agreement, the contract should outline key details like the completion date and whether the builder has any valid reasons for delays.

This will give you clear guidance on whether you have a right to a refund or if the builder is entitled to delay the start.

No Written Contract? Consider What Was Promised

If you don’t have a written contract—something that happens more often than not—you’ll need to think back to what was discussed with the builder.

Any verbal promises made about start and completion dates could serve as the basis for an oral contract.

These verbal agreements hold weight in situations like this, so you’ll want to consider what was actually said and what the builder promised you about timing.

When There’s No Contract: What’s Reasonable?

If there’s neither a written nor an oral contract, the situation gets a little trickier.

In this case, the default position is what’s considered reasonable.

If you were to take this to court, a judge would look at whether it’s fair for you to have to wait three months for the work to begin.

The judge would also consider if knowing about the delay upfront would have made you choose a different builder.

However, going to court should always be a last resort, especially considering how long such a process can take—often nine to twelve months, or even longer.

That doesn’t exactly help when you’re just trying to get the work started in a reasonable time frame.

Negotiating a Solution: Write Everything Down

Instead of rushing to court, your best bet is to try and resolve the issue directly with the builder.

Start by discussing new, agreed-upon start and completion dates, and ask the builder to confirm these in writing. This way, you have a clear agreement that holds the builder accountable.

You could also ask for a clause in the contract that says if the builder misses the new start date, you’re entitled to a full refund and can cancel the contract.

Likewise, a penalty for missing the completion date could help ensure the work gets done on time.

By taking these steps, you increase the chances of resolving the issue without the stress of legal battles, saving both time and money in the process.