Contractor Dispute Northern Ireland Small Claims

The Two Types of Contractor Claim

Contractor disputes in Northern Ireland's Small Claims Court fall into two categories, and knowing which one you have changes how you fill out the application.

Deposit recovery (liquidated claim). You paid a deposit — say £1,500 — and the contractor never started work or abandoned the job entirely. The amount is fixed and provable from bank statements. This is the simpler type.

Defective work (unliquidated claim). The contractor did some work, but it is substandard and needs to be put right. You are claiming the cost of remedial work, which is an estimated figure. You will need independent repair quotes to back up the amount.

Both types are valid in the NI Small Claims Court as long as the claim is £5,000 or under.

Before You File: The Demand Letter

Send the contractor a formal Letter Before Claim. Set out the deposit amount or cost of defective work, attach copies of the contract, payment receipts, any text messages or emails where the contractor acknowledged the problem, and photographs of defective work. Give them 14 to 21 days to either refund you or agree to fix the work.

Many contractors respond once they see a formal demand with a court warning. If they do not, the letter becomes evidence that you tried to resolve things before filing.

Getting the Contractor's Details Right

This is where contractor claims often go wrong. Contractors frequently operate under a business name without being a registered company, which means they are sole traders.

• Sole trader: Name the individual personally, plus their trading name — "James McBride trading as McBride Building Services." You need their residential address for service.
• Limited company: Use the exact name on Companies House and the registered office address. A Companies House search is free at find-and-update.company-information.service.gov.uk.

If you cannot find a residential address for a sole trader, try the address on the invoice or contract. If the Small Claims Pack is returned undelivered, the Civil Processing Centre will ask you for a verified address before the case can proceed.

Building Your Evidence

For a deposit recovery claim, you need:

• The written contract, quote, or estimate
• Bank statements or payment receipts showing the deposit
• Any written communications (texts, emails, WhatsApp messages) where the contractor confirmed receipt or acknowledged the job was not done
• A timeline showing when you paid and when you realised the contractor was not going to perform

For a defective work claim, you also need:

• Photographs of the defective work (before and after if available)
• At least two independent written quotes for remedial work — these establish the amount of your unliquidated claim
• Any written contract specification or brief that shows what the contractor was supposed to deliver

The District Judge will compare what was promised against what was delivered. Clear photographs and a specific remedial quote are far more persuasive than a verbal description of the problems.

What to Expect at the Hearing

The hearing is informal. The judge will ask you to explain what happened, review your documents, and ask the contractor for their side. Common contractor defences include claiming the work met the agreed specification, that you changed the brief, or that you failed to allow access for corrections.

If the contractor does not respond within 21 days, you can apply for a default decree. If they file a defence but do not attend the hearing, the court may proceed in their absence. If they accept liability using Form 126B, the judge issues a decree with a payment plan.

After You Win

A decree is a court order to pay. But the court does not collect the money. If the contractor ignores the decree, you serve a Notice of Intent to Enforce through the EJO, then apply for formal enforcement — attachment of earnings, seizure of goods, or an order charging property.

For a complete walkthrough of the filing process, evidence preparation, and enforcement steps, the Northern Ireland Small Claims Filing Guide covers contractor disputes specifically.

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