Builder Terms & Conditions: What to Include

Ask ten builders for their terms and conditions and eight will say "the quote is the terms". It works fine — right up until a client refuses the balance because "that crack was never agreed", or a job doubles in size once the plaster comes off and there's nothing in writing about who pays.

You don't need a solicitor on retainer. You need one page of clear terms sent with every quote. Here's what belongs on it, and why.

The clauses that earn their keep

Payment. State your deposit, when the balance is due, and that you charge statutory late-payment interest. The Late Payment of Commercial Debts (Interest) Act 1998 lets you add interest and compensation on qualifying overdue commercial invoices — but clients pay much faster when they have read that before the job starts. Check the current legislation or take legal advice before relying on it for a particular contract.

Changes and extras. The single biggest source of fallouts. A one-line clause — changes to the agreed scope are confirmed in writing with a price before the work is done — turns "but you said" into a piece of paper.

Unforeseen work. Rot behind the render, dodgy wiring under the boards, a previous cowboy's handiwork. Your terms should say: we stop, we show you, we agree the cost in writing before continuing. Clients respect it; it also protects your margin.

Materials. Two lines: materials stay yours until paid for, and client-supplied materials are the client's risk. That second one matters more every year.

Timeline. Estimates, not guarantees — weather, suppliers and third parties are outside your control. Say you'll communicate and re-plan; don't promise the moon.

Workmanship guarantee. Offering a 12-month workmanship guarantee in writing wins jobs — and defining what it doesn't cover (wear and tear, movement, misuse, their materials) prevents the ones you'd lose money honouring.

Cancellation rights. If you agree contracts in a customer's home, the Consumer Contracts Regulations 2013 usually give them a 14-day cooling-off period. Acknowledging it — and stating that work started early at their request is chargeable — keeps you compliant and covered.

Make the terms part of the agreement

Terms are most useful when the customer receives them before accepting the quote. Put a date or version number on the document, attach it to the quotation and record the customer's acceptance. Sending a new set of terms after the job has started does not give either side a clear record of what was originally agreed.

Keep the quote and the terms consistent. The quote should identify the property, scope, price and main assumptions; the terms should explain the rules that apply across the job. If a product, finish, programme date or customer promise was important to winning the work, write it down rather than hoping a general clause will cover it.

A simple job file should contain:

• the accepted quotation, drawings and specification;
• the exact version of the terms supplied to the customer;
• any cancellation information and request to start early;
• written variation prices and approvals;
• payment records, completion notes and certificates.

That record is useful even when the relationship is excellent. It gives the site team one agreed source of information and makes later questions much easier to answer.

Terms cannot remove the customer's legal rights

The Consumer Rights Act 2015 requires consumer services to be carried out with reasonable care and skill. If a time or price has not been fixed, other statutory standards may apply. A clause cannot simply sign those rights away.

Terms also need to be fair and transparent. Avoid copied legal language that lets the builder change the price without an agreed reason, excludes every kind of responsibility or imposes a disproportionate cancellation charge. The Competition and Markets Authority's guide to writing a fair customer contract is a useful check before adopting any template. For higher-value, unusual or disputed work, obtain advice on the actual contract rather than relying on a generic form.

Starting work during a cancellation period

When a contract is made in the customer's home or at a distance, cancellation rules can apply and the required information depends on how the agreement was made. If a customer wants a service to start during an applicable 14-day period, official guidance says the trader should obtain the customer's express request on a durable medium and explain that completed work may have to be paid for if they later cancel. Emergency repairs and extra non-urgent work can be treated differently, so do not turn one sentence in your terms into a blanket rule.

Give the customer a copy they can keep and retain your own evidence of what was supplied and accepted. The Consumer Contracts Regulations 2013 set out the information, confirmation and cancellation rules for consumer contracts.

Make yours in two minutes

We've built a Terms & Conditions Builder with all of the above as sensible UK defaults — tick the clauses you want, set your deposit and guarantee numbers, and print or copy the result. Your company name comes straight from your business profile.

Send it with every quote. The client who baulks at one page of fair terms is the client you least wanted anyway.

This article and the tool are practical guidance, not legal advice — for high-value or unusual contracts, have a solicitor look over your terms.