Sued by a Contractor in Scotland — How to Respond in Sheriff Court

The Typical Scenario

A builder, plumber, electrician or decorator sends you a final invoice. You withhold payment because the work is unfinished or defective. Weeks or months later, a recorded delivery letter arrives from the Sheriff Court containing a Simple Procedure claim for up to £5,000.

This is one of the most common disputes in Scotland's Sheriff Court. The contractor says you owe the money. You say the work does not justify the price. The court will decide — but only if you respond in time.

Step One: Check the Deadline

Open the papers and find Form 3D — the court timetable. It shows the "last date for a response." You have 21 calendar days from the date of service to get your Form 4A back to the court. If that deadline passes without a response, the contractor can apply for a decision in absence awarding some or all of the amount claimed, plus any expenses awarded, without the Sheriff hearing your response.

Step Two: Decide Your Response

Read Form 3A — the claim itself. Check the amount, the dates, and the description of the work. Then decide which route fits:

You dispute the claim. The work is defective, incomplete, or the price is wrong. Select Option A on Form 4A and use Section D to explain your position.

You admit part of the claim. Some of the work was done properly and you accept you owe for that portion, but the rest is disputed. Explain the split in Section D. If you need instalments on the admitted amount, complete Form 5A.

You admit the full claim. The invoice is fair and you owe the money, but you cannot pay in full immediately. Select Option C and complete Form 5A.

How to Build Your Defence for Defective Work

In a contractor dispute, Section D of Form 4A needs to do more than say "the work was bad." The Sheriff is reading defences from both sides on paper before any hearing. Give them something concrete to work with:

Timeline. When was the work agreed? When did it start and finish (or stop)? When did you raise the issue?

The defects. Describe each problem specifically — a worktop left unattached, tiles that crack within weeks, plumbing that leaks. Avoid general complaints like "poor quality."

What was agreed. Was there a written contract or quote? What did it specify? If the agreement was verbal, summarise what was discussed and when.

Your evidence. Photographs of the defective work are the single most useful piece of evidence in a contractor dispute. Date-stamped photos taken before and after the work, or showing the defect, go directly to the question of whether the job was done properly. An independent surveyor's report strengthens the case further — it costs money, but for a £4,000 dispute it can be decisive.

Number each document (Respondent's Production 1, 2, 3) and reference the numbers in Section D.

What About a Counterclaim

If the contractor's defective work caused you additional loss — you paid someone else to fix it, or the damage extended beyond the original job — you might want to claim money back from them. In Scotland's Simple Procedure, there is no built-in counterclaim mechanism within Form 4A.

To pursue a cross-claim, you need to file a separate Simple Procedure claim using Form 3A against the contractor, then apply to the court to have both cases heard together. This involves a court fee (£23 for claims up to £300; £127 for claims over £300). It is a separate action, not an add-on to the current case.

You can raise a defence of set-off within Form 4A if the money the contractor owes you arises from the same contract — but check that the contract's terms do not exclude set-off (some standard conditions of sale do).

Expenses if You Lose

If you dispute the claim and the Sheriff finds in the contractor's favour, you may be ordered to pay expenses. For claims up to £300, no expenses are awarded. Between £300 and £1,500, solicitor expenses are capped at £150, excluding court dues and outlays. Between £1,500 and £3,000, it is 10% of the claim value. Above £3,000, expenses are uncapped. Having a genuine, supported defence — not just a vague objection — is the best protection against an elevated award.

Get Help if You Need It

If the dispute involves more money or complexity than you are comfortable handling alone, Citizens Advice Scotland can help with form completion and may offer in-court support. A fixed-fee solicitor consultation typically costs £150–£350 — worth considering for claims over £3,000 where expense liability is uncapped.

The Scotland Simple Procedure response guide covers the full process from Form 4A through to the hearing, with a drafting worksheet for building your Section D defence.

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