Sued by a Builder or Contractor in County Court: How to Defend the Claim

A builder or contractor suing you in the County Court is one of the most common small claims scenarios in England and Wales. The claim usually arrives after a dispute over an unpaid final invoice — but the reason the invoice was not paid often involves incomplete work, defective workmanship, or costs that ballooned beyond the agreed quote.

You have 14 days from deemed service to respond. Here is how to approach it.

Why Builders Sue — and Why Defendants Often Have a Strong Position

Contractors sue to recover unpaid invoices. But the typical defendant did not refuse to pay out of spite — they withheld payment because the work was not finished, was done poorly, or exceeded the agreed price. Under the Consumer Rights Act 2015, services must be performed with reasonable care and skill, within a reasonable time (if no time was agreed), and at a reasonable price (if no price was fixed). A contractor who fails these standards cannot demand full payment as if the work was satisfactory.

This gives defendants two tools: a defence (the full amount is not owed because the work was defective) and often a counterclaim (the cost of hiring someone else to fix the defects exceeds the withheld balance).

Building Your Defence

Your defence on Form N9B must address every allegation in the contractor's Particulars of Claim. For a typical building dispute:

If they claim a fixed price was agreed: Respond with the actual quote, written agreement, or text message exchange. If the claim exceeds the quoted figure, deny the excess amount and state the agreed price.

If they claim the work was completed: Deny this if it was not. Specify exactly what was left unfinished — "the bathroom tiling was 60% complete, the extractor fan was not connected, and the grouting in the kitchen was not sealed." Dates and photographs are your strongest evidence.

If they claim the work met reasonable standards: Deny this if it did not. Describe each defect with specifics: what was wrong, when you noticed it, and what it cost (or will cost) to fix. An independent survey or quote from another tradesperson strengthens this significantly.

Counterclaiming for Defective Work

If the cost of putting right the contractor's defects exceeds the withheld balance, you can counterclaim for the difference. File the counterclaim alongside your defence on Form N9B — no court permission is needed at this stage.

Your counterclaim should set out:

• The defects in the contractor's work
• When you notified the contractor (if you did)
• Whether the contractor refused or failed to return and fix them
• The cost of remedial work (supported by quotes or invoices from another contractor)

A counterclaim carries a court fee based on the value of your cross-claim (the EX50 fee schedule applies). The court hears both claims together and can set off the judgment amounts.

Evidence That Wins These Cases

Contractor disputes are decided on evidence, not emotion. Gather:

• Photographs of the incomplete or defective work (with dates)
• The original quote or written agreement (even a text message chain counts)
• Invoices from another contractor for remedial work or quotes for work still needed
• Communication records — texts, emails, WhatsApp messages where you raised concerns or the contractor acknowledged problems
• An independent survey if the defects are not visually obvious (e.g., plumbing leaks behind walls)

What Happens at the Hearing

Most builder claims fall on the small claims track (up to £10,000). The hearing is informal — no wigs, no robes, often in a small room rather than a courtroom. The judge reads the papers in advance, asks each side questions, and decides on the day. On the small claims track, you cannot recover solicitor fees even if you win, so most defendants represent themselves.

Before the hearing, you will be automatically referred to the HMCTS Small Claims Mediation Service (a free one-hour telephone session). Mediation settles a substantial proportion of building disputes — often with a negotiated partial payment rather than the all-or-nothing of a court judgment.

The England & Wales Money Claim Response Guide includes a defence drafting framework with worked examples for contractor disputes, plus a counterclaim template and evidence bundle checklist.

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