SiteKiln gives you plain-English information, not legal advice. It's aimed at small UK construction businesses. Laws change and every job is different, so speak to a solicitor or adviser before you rely on this for a real dispute.
You've finished the job. Snagging sorted, keys handed back, they were happy when you left. Now the final invoice is "under review", they're "waiting to get some advice", or they've just gone quiet.
This page is about what to do before you lose your rag or write it off.
1. The short version
You're normally entitled to your final payment if you've done the work with reasonable care and skill and finished what you agreed. For domestic customers, the Consumer Rights Act 2015 gives them a right to repairs or repeat performance first, not to just withhold the whole bill.
Before you talk about court, get their reasons in writing, offer once (clearly) to fix genuine issues, then send a calm pre-action style letter with a deadline. For business clients, the Late Payment of Commercial Debts (Interest) Act 1998 may let you add statutory interest and fixed late-payment charges.
2. Where you stand legally
- If you've supplied services with reasonable care and skill, the customer must pay the agreed price (or a reasonable price if none was agreed).
- "Reasonable care and skill" means work that meets normal trade standards for that spec and price, not perfect or luxury work at budget-job rates.
- Under the Consumer Rights Act 2015, if your work is genuinely below that standard, the customer's main remedy is a repeat performance or repair within a reasonable time, at your cost.
- Only if fixing is impossible or not done in a reasonable time do they move to a price reduction or refund on the faulty part of the job -- not usually a free whole-project.
- Payment timing should be in your contract; if not, the law treats it as due within a reasonable time after completion.
- For domestic jobs, they're a consumer, so unfair terms rules and consumer protection law sit on top of your contract.
- For business-to-business work, the Late Payment of Commercial Debts (Interest) Act 1998 gives you extra rights to interest and fixed recovery costs when invoices are late.
3. Work out why they're stalling
Go back over:
- Your quote or contract (scope, price, payment stages).
- Any variations or extras agreed by text, email or WhatsApp.
- Snagging lists and what's been done.
Get their reason in writing with something like:
"Hi [Name], invoice [number] for £[amount] was due on [date] for the work at [address]. If there's anything you're unhappy with, please set it out in writing so we can sort it. Otherwise, please arrange payment by [date, e.g. 7-14 days]."
If they reply "we're not paying because of X", you now know whether this is:
- A genuine defective work complaint.
- A cashflow issue.
- A pure chancer trying it on.
4. Check your own position honestly
Ask yourself, bluntly:
- Did we actually finish the agreed scope?
- Are there obvious bits that are clearly below normal trade standard?
- Did we stick to the agreed spec on materials and layout?
Check your paperwork:
- Is the total price written down?
- Are payment terms clear (when deposits, stage payments and final payment are due)?
- Are all extras/variations confirmed in writing with prices?
Look at evidence:
- Photos of the work as you left it.
- Messages where the client was happy at handover.
- Any independent comments (building control, other trades, surveyor).
If there are genuine issues or unfinished bits, plan to fix them; that keeps you in line with the Consumer Rights Act and looks good if this ever hits small claims.
5. Offer to put things right
If they've raised any issues, send a clear written offer to remedy:
"Under our contract and the Consumer Rights Act 2015, I'm happy to put any genuine issues right. Please send a list with photos within 7 days. I'll attend once to deal with the agreed items."
Give:
- A deadline for sending their list (e.g. 7 days).
- Two or three time slots you can attend.
Make it clear what you're offering:
- Fix specific snags.
- Complete anything genuinely left unfinished under the original scope.
Keep your tone boring and professional -- you're building a paper trail showing you tried to sort it.
If they refuse you access or just say "we don't want you back", note that down; it can weaken any later claim for big losses if they've blocked your right to remedy.
6. Send a pre-action style letter
If they ignore your offer to fix, won't give detail, or still refuse to pay after you've fixed reasonable issues, then send a pre-action style letter.
Cover the basics
- Who you are and what was agreed (job, address, price, dates).
- What work you've done and when it was completed.
- The amount due, invoice number and original due date.
Show you've been reasonable
- List offers to attend and any snagging you've already done.
- Summarise any complaints they raised and how you responded.
Give a clear final deadline
"If I do not receive payment of £[amount] within 14 days of this letter, I may start a small claim in the county court without further notice."
Use your SiteKiln Document Hub "Final invoice chaser -- domestic client" template and tweak it for the job.
For debts owed by individuals or sole traders, the Pre-Action Protocol for Debt Claims expects a clear, detailed letter before you issue a claim, plus enclosures (like an up-to-date statement).
7. Decide if you want small claims
Weigh up the sums:
- Debt size vs court fee, your prep time, and a day off the tools.
Check your evidence is ready:
- Contract / quote and T&Cs.
- Variations and price changes.
- Before/after photos.
- Messages where they accept work or just go quiet.
- Copies of your offers to remedy and your pre-action letter.
Look at risk:
- Any real workmanship problems they can prove?
- Any big counterclaim brewing (alleged damage, re-doing work etc.)?
Remember:
- The small claims track is designed for under £10,000 and expects both sides to try to settle first.
- Costs recovery in small claims is limited, so you normally can't get solicitors' fees back even if you win.
- If the number is big enough and your file is strong, issuing a small claim often prompts payment or a realistic settlement offer once they see you're serious.
8. Commercial jobs -- when you can add interest
If your customer is a business (developer, landlord company, main contractor, shop, etc.), the Late Payment of Commercial Debts (Interest) Act 1998 may apply.
The Act generally gives you:
- Statutory interest, usually 8% above Bank of England base rate, from the day after payment became late.
- A fixed compensation amount per invoice (scale based on the debt value).
- Possibly extra "reasonable recovery costs" if your real chasing costs are higher than the fixed sums.
There are default payment periods (often 30 days) if contract terms don't say otherwise, and attempts to contract out of the Act can sometimes be challenged as unfair.
This usually doesn't apply to private homeowners -- treat them as consumers and use the Consumer Rights Act route instead.
9. When you need proper legal advice
Get a solicitor or specialist adviser involved if:
- The unpaid amount is large enough to seriously hit your cashflow or your ability to trade.
- The customer is alleging serious defects (structural, damp, subsidence, electrics, gas, safety).
- There's a threat of a counterclaim for big sums or alleged property damage.
- You're dealing with a chunky commercial contract with retention, staged payments and penalty clauses.
A quick paid consultation before you issue a claim can:
- Spot weak points in your case.
- Tighten your pre-action letter to match the Pre-Action Protocol for Debt Claims.
- Save you from filing a claim you're likely to lose.
10. Common mistakes
- Losing your temper in writing -- abusive texts, emails or voice notes read terribly in court and can damage your credibility.
- Threatening to rip work out -- removing work you've been paid for can put you in breach and hand them a stronger claim.
- Turning up and refusing to leave -- rocking up unannounced and getting into a row can lead to police involvement or harassment allegations.
- Slagging off the customer online -- posting about them by name in local groups or on your business page can wander into defamation territory and usually makes settlement harder.
- Skipping the offer to fix -- if you refuse to even offer a remedy, you look unreasonable under the Consumer Rights Act and in any small claim.
- Issuing a claim with no paper trail -- going straight to court without a proper letter, evidence and a timeline can annoy the judge and weaken your position under the Pre-Action Protocol.
11. Who to contact
- Citizens Advice -- consumer problems -- general consumer and home-improvement dispute advice: 0800 144 8848 (free)
- Citizens Advice consumer service -- specialist line for consumer-trader disputes, can refer to Trading Standards: 0808 223 1133 (free, England)
- Money Claim Online (MCOL) -- government service to start and manage small claims: gov.uk/make-money-claim (court fees apply)
- Trading Standards -- for alleged criminal behaviour (fraud, unsafe work, aggressive practices). First contact through Citizens Advice who can refer: citizensadvice.org.uk (free)
- Federation of Master Builders (FMB) -- complaints processes and mediation schemes for member-customer disputes: fmb.org.uk (member benefit)
- Solicitor specialising in construction / consumer disputes -- for higher-value jobs, complex contracts, or when you're out of your depth. Look for firms naming construction or property disputes as a focus (paid)
12. Sources and legislation
- Consumer Rights Act 2015 -- sections 49-52 (services: reasonable care and skill, information about the service, reasonable price, reasonable time). legislation.gov.uk/ukpga/2015/15
- Late Payment of Commercial Debts (Interest) Act 1998 -- statutory interest, fixed compensation and recovery costs for late commercial invoices. legislation.gov.uk/ukpga/1998/20
- Pre-Action Protocol for Debt Claims -- conduct the court expects before a business claims a debt from an individual or sole trader. justice.gov.uk/courts/procedure-rules/civil/protocol/prot_debt
- Civil Procedure Rules Part 27 -- Small Claims Track: how small claims are run, cost limits, and the usual £10,000 financial limit. legislation.gov.uk/uksi/1998/3132/part/27
- Citizens Advice -- "Problem with building work, decorating or home improvements" guidance: citizensadvice.org.uk
13. Related guides on this site
- 9.2 Customer claims defective work
- 9.4 Customer won't let you back to fix the work
- 9.5 Customer threatening court -- what to actually expect
- 9.9 Small claims court -- step by step guide for tradespeople
- 9.11 Customer demanding a refund -- when you have to and when you don't
- 1.2 Domestic client won't pay the final invoice
- 8.5 Writing quotes that protect you
- 8.6 Terms and conditions template -- domestic work
Frequently asked questions
Can I take a customer to small claims court?
Yes. If a domestic customer owes you £10,000 or less, you can issue a claim through the small claims court at moneyclaims.service.gov.uk. Court fees start at £35 (for claims up to £300) and go up to £455 (for claims £5,001-£10,000). You don't need a solicitor -- the small claims track is designed for people to represent themselves.
Before issuing a claim, you must send a Letter Before Action giving the customer 14 days to pay. Include the amount owed, what the work was, and a clear deadline. About 70% of claims settle after the letter alone. Keep every quote, invoice, text message, photo and email -- the judge wants documentation, not just your word.
How do I write a letter before action?
A Letter Before Action (also called a letter before claim) must clearly state who you are, what work you did, how much is owed, when payment was due, and that you will issue court proceedings if payment isn't received within 14 days. Send it by post (recorded delivery) and email so you can prove it was sent.
Keep the tone firm and factual -- no threats, no emotion. State the amount, reference any written quotes or agreements, and set a specific payment deadline. You can find free templates at gov.uk. The letter itself costs nothing but a stamp, and it shows the court you tried to resolve things before suing.
Can I remove work I haven't been paid for?
This is risky. Technically, if the customer hasn't paid and title in the goods hasn't passed (which depends on your contract terms), you may have a claim to materials you supplied. But entering someone's property to remove work without their permission is likely trespass, and ripping out fitted work could be criminal damage.
The safer route is always the small claims court. If you've fitted a kitchen, laid a patio or plastered a house, a judge can order payment -- but you can't kick down a door and take it back. Document everything, send a Letter Before Action, and issue the claim. It's slower but it won't land you with a criminal record.
What is the small claims limit?
The small claims limit in England and Wales is £10,000. Claims above £10,000 and up to £25,000 go to the fast track, and claims above £25,000 go to the multi-track. The small claims track is designed for simpler disputes without solicitors.
For most domestic building disputes -- unpaid invoices, withheld final payments, deposit disputes -- the small claims track covers it. Court fees are proportional: £35 for claims up to £300, £115 for claims up to £1,500, £205 for claims up to £3,000, and £455 for claims between £5,001 and £10,000. If you win, the court adds your fees to what the customer owes.
Frequently asked questions
Can I take a customer to small claims court?
Yes. If a domestic customer owes you £10,000 or less, you can issue a claim through the small claims court at moneyclaims.service.gov.uk. Court fees start at £35 (for claims up to £300) and go up to £455 (for claims £5,001-£10,000). You don't need a solicitor -- the small claims track is designed for people to represent themselves.
Before issuing a claim, you must send a Letter Before Action giving the customer 14 days to pay. Include the amount owed, what the work was, and a clear deadline. About 70% of claims settle after the letter alone. Keep every quote, invoice, text message, photo and email -- the judge wants documentation, not just your word.
How do I write a letter before action?
A Letter Before Action (also called a letter before claim) must clearly state who you are, what work you did, how much is owed, when payment was due, and that you will issue court proceedings if payment isn't received within 14 days. Send it by post (recorded delivery) and email so you can prove it was sent.
Keep the tone firm and factual -- no threats, no emotion. State the amount, reference any written quotes or agreements, and set a specific payment deadline. You can find free templates at gov.uk. The letter itself costs nothing but a stamp, and it shows the court you tried to resolve things before suing.
Can I remove work I haven't been paid for?
This is risky. Technically, if the customer hasn't paid and title in the goods hasn't passed (which depends on your contract terms), you may have a claim to materials you supplied. But entering someone's property to remove work without their permission is likely trespass, and ripping out fitted work could be criminal damage.
The safer route is always the small claims court. If you've fitted a kitchen, laid a patio or plastered a house, a judge can order payment -- but you can't kick down a door and take it back. Document everything, send a Letter Before Action, and issue the claim. It's slower but it won't land you with a criminal record.
What is the small claims limit?
The small claims limit in England and Wales is £10,000. Claims above £10,000 and up to £25,000 go to the fast track, and claims above £25,000 go to the multi-track. The small claims track is designed for simpler disputes without solicitors.
For most domestic building disputes -- unpaid invoices, withheld final payments, deposit disputes -- the small claims track covers it. Court fees are proportional: £35 for claims up to £300, £115 for claims up to £1,500, £205 for claims up to £3,000, and £455 for claims between £5,001 and £10,000. If you win, the court adds your fees to what the customer owes.
Common questions
Can I take a builder to small claims court?
Yes. Anyone can use the Small Claims track for disputed amounts up to £10,000 in England and Wales. The limit is £5,000 in Scotland and £3,000 in Northern Ireland. You don't need a solicitor. Court fees start at £35 and you get them back if you win.
Small Claims Quick-Check tool.
How do I write a letter before action?
A Letter Before Action is a final written demand for payment, sent before you sue. It must state what you're owed, the deadline (usually 14 days), and that you'll issue court proceedings if unpaid. Send it by recorded delivery and email so you can prove it arrived.
Letter Before Action template.
Can I charge interest on unpaid invoices?
Yes. On overdue B2B invoices you can charge 8% above the Bank of England base rate plus a fixed compensation fee. The fee is £40 to £100 depending on invoice size, set by the Late Payment of Commercial Debts Act. It applies automatically, even without a contract clause. It does not apply to consumer customers.
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