This one crops up a lot: job goes sour, client is unhappy, and instead of letting you back to sort the problems, they lock you out and bring someone else in -- then send you the bill.
The law sits on two stools here:
- domestic consumers get strong rights to repeat performance or price reduction under the Consumer Rights Act 2015; and
- whoever is claiming loss has a duty to mitigate -- not run up avoidable cost and dump it on the other side.
1. Do you have a right to go back -- or just an obligation?
Big misconception: "I've always got the right to return and fix my own defects." Not always.
-
On many standard building contracts (JCT etc.), you do get a defects/rectification period and a contractual right to be notified of defects and to return and make them good at your own cost.
-
If there's no express right to return in the contract, the courts have said the employer isn't obliged to invite you back -- they can go straight to a third party for remedials.
-
BUT: if they refuse to let you back in circumstances where a reasonable person would have, that can bite them on mitigation -- the recoverable damages may be limited to what it would have cost you to put right, not what they actually spent.
2. Consumer work: right to repeat performance and price reduction
On domestic jobs, the Consumer Rights Act 2015 adds another layer when you're dealing with a consumer (homeowner) and a trader (you).
If the service wasn't done with reasonable skill and care, the consumer:
-
Has a right to require repeat performance -- for you to perform the service again "to the extent necessary" to make it conform.
-
You must do that within a reasonable time, without significant inconvenience to them, and at your own cost.
-
If repeat performance is impossible or can't be done in reasonable time or without significant inconvenience, they move to a right to a price reduction (which can be a full or partial refund).
Flip side: if they won't let you back at all and go straight to demanding a big price reduction or full refund, a court may look at whether it was actually "impossible" or unreasonably inconvenient for you to put things right.
3. Mitigation of loss: why refusing you back can backfire
Under general contract law, anyone claiming damages has to mitigate their loss -- act reasonably to avoid wasting money.
Courts have held that:
-
An employer who never gives notice of defects or refuses outright to let the original contractor return may find their damages capped at what it would have cost that contractor to fix, not the higher cost of a new firm.
-
If your original work was clearly poor or trust has totally broken down (for example, safety issues, repeated failures), their refusal to let you back may still be seen as reasonable -- the court isn't going to force a homeowner to live through more chaos just to save you from a higher remedial bill.
So it's a reasonableness test: if you're competent and willing to fix, locking you out can trim what they recover. If you've already made a mess and ignored chances to put it right, they get more leeway to go elsewhere.
4. What to do when they won't let you back
You can't drag them out of the way and walk on site, so your job is to protect your position on paper.
-
Put your offer to remedy in writing: spell out that you are ready, willing and able to return, within what time, on what dates, and at your cost.
-
Ask what they actually want fixed: invite a list of alleged defects/snags with photos if possible. If they won't specify, that helps you later.
-
Record any refusal or silence: keep emails/texts where they say you can't come back, or simply won't engage.
-
If they use someone else: ask for sight of their scope and cost, and restate that your remedial cost would have been lower.
That's how you set up a mitigation argument if they later try to dump an inflated remedial bill or full refund claim on you.
5. The line you walk on domestic jobs
For homeowners, the court's sympathy is usually with the consumer -- especially if there are real safety or habitability issues.
Cases have made clear:
-
There's no automatic duty for a homeowner to let the same builder back in -- particularly where trust has gone completely.
-
But if they shut you out at the first sign of trouble without giving you a sensible chance to fix, they risk being told they can't recover every penny they spent with the new builder.
So your play, if you're the contractor, is: be visibly reasonable, offer to fix promptly, don't argue about every small snag -- then if they still refuse, you've done what the law expects and strengthened your hand for any later fight.
Client won't let you back -- damage-limitation checklist
When they've barred the door, do this to protect yourself:
- Write (don't just ring): confirm you're ready, willing and able to return, with proposed dates and that you'll do it at your cost.
- Ask for a clear defect/snags list (photos if possible) so you know exactly what they say is wrong.
- Record any refusal or no-response in writing -- "You've declined our offer to return on [dates]..."
- Keep evidence that you're competent to fix (warranty terms, previous good work, offers of a different team/foreman if trust has gone).
- If they use another contractor, ask for their quotes/invoices and note that your remedial cost would have been lower.
- On consumer jobs, show you respected their CRA rights -- you offered repeat performance within a reasonable time and with minimal inconvenience.
That way, if they later chase you for a huge remedial bill or full refund, you've got a clear story: "we offered to fix; they wouldn't let us; they didn't mitigate."
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
- Put your offer to return and fix in writing today -- spell out that you are ready, willing and able, with proposed dates and at your own cost.
- Ask the client for a clear list of what they say is wrong, with photos if possible.
- If they refuse or ignore you, record that refusal in writing so you have evidence for a mitigation argument later.
- If they use another contractor, ask for sight of the scope and cost so you can show your remedial price would have been lower.
- On consumer jobs, make sure you have respected the Consumer Rights Act right to repeat performance -- offer to put things right within a reasonable time and with minimal inconvenience.
Sources
- Consumer Rights Act 2015 -- https://www.legislation.gov.uk/ukpga/2015/15/contents
- Supply of Goods and Services Act 1982 -- https://www.legislation.gov.uk/ukpga/1982/29/contents
Know someone who needs this?
Was this guide useful?
Didn't find what you were looking for?
Spotted something wrong or out of date? Email us at hello@kilnguides.co.uk.
In crisis? Samaritans 116 123 ·