You've turned up, put lads and kit on site, and nothing's signed. It feels normal in construction -- but you've just handed away a chunk of your leverage before a brick's been laid.
The good news: you probably do still have a contract and some solid rights on payment. The bad news: if it goes wrong, proving the deal and getting your money will be harder and more expensive than it needed to be.
1. Is there a contract at all?
Most of the time, yes.
If you've agreed roughly what you're doing and what you're getting paid, and then you start work, the law will usually say there's a binding contract -- even if nobody ever signs the draft.
The Construction Act applies to most construction contracts in the UK whether they're written, verbal, or a mix, apart from a few exclusions like some residential owner-occupiers.
If your payment terms are missing or don't meet the Act, the Scheme for Construction Contracts steps in and fills the gaps by law.
So "no signature, no contract, no rights" is a fantasy. You'll be arguing about what the contract is, not whether one exists.
2. What protection you still have on money
Even with no signed contract, if the Act applies you still get a basic safety net on cash-flow.
In practice, that means:
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You have a right to periodic/interim payments where the job runs longer than 45 days, not just a lump at the end.
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If there's no proper payment timetable, the Scheme implies one: due dates, final dates for payment, and how the amount due is worked out.
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If the other side messes about with payment, you can still go to adjudication "at any time" to force the issue.
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If they don't pay the "notified sum" by the final date for payment, you can use suspension (properly noticed) as pressure.
It's not as good as a clean, written payment clause you chose yourself -- but it's a damn sight better than nothing.
3. The real risks you've taken by starting
The real problem with starting on trust isn't romance, it's evidence.
You've made it much easier for the other side to:
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Dispute scope: with only loose conversations and WhatsApps, they'll say extras were "included" in your original price.
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Fight the bill: without a clear written mechanism, you'll argue later about what you can claim, when you can claim it, and which dates actually matter.
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Park your payment: delay responses, dribble out part payments, then hide behind "we never agreed that" when you chase the balance.
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Push you towards "work at risk": carry on working while they "sort the paperwork", then rely on gaps in the record to knock your final account down.
If it ends up in a fight, the court or adjudicator will build the contract from whatever they can see -- emails, texts, drawings, draft contracts, behaviour on site, and your invoices.
4. What to do if you've already started
You can't un-start the job. What you can do is harden the position from today.
Right now, do this:
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Get the deal written down: send an email headed "Confirmation of what we've agreed so far" setting out scope, price/rates, programme and how you understand payment will work. Ask them to correct anything they don't agree with.
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Start issuing structured applications: numbered, dated, with a clear valuation of work done, variations, daywork, and photos -- so an adjudicator could follow it.
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Diarise your dates: when you applied, when (under the Act/Scheme) payment falls due, and when the final date for payment is. That's the backbone for any suspension or adjudication move.
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If payment has already slipped: take early advice on whether to serve a suspension notice or go straight to adjudication, instead of just "waiting to see" for another month.
For the next job, your rule of thumb is simple: you don't mobilise until the basics are nailed in writing, especially scope, price/rates, payment mechanism and key dates. Anything less and you're choosing to work at risk.
Disclaimer: SiteKiln gives you plain-English information, not legal advice. Talk to a solicitor before making big decisions on live disputes.
What to do next
- Send a "confirmation of what we've agreed" email today covering scope, price and payment terms -- even if work started weeks ago.
- Start issuing numbered, dated payment applications with a clear valuation of work done so far.
- Check whether the Construction Act and the Scheme apply to your job (most commercial construction work is covered).
- If payment is already overdue, take advice on whether to serve a suspension notice or refer the dispute to adjudication.
- For the next job, make it a rule: nothing starts on site until the basics are in writing and signed.
Sources
- Housing Grants, Construction and Regeneration Act 1996 -- https://www.legislation.gov.uk/ukpga/1996/53/contents
- Scheme for Construction Contracts (England and Wales) Regulations 1998 -- https://www.legislation.gov.uk/uksi/1998/649/contents
- Supply of Goods and Services Act 1982 -- https://www.legislation.gov.uk/ukpga/1982/29/contents
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