Summary

The most common cause of payment disputes between tradespeople and customers is not dishonesty — it is misunderstanding. The customer believed the price included something it didn't; the tradesperson believed extra work was agreed verbally; the completion date was "approximate" to the tradesperson but "definite" to the customer. A written contract eliminates ambiguity on all of these points and, crucially, gives you something concrete to rely on if a dispute reaches a small claims court or if payment is withheld.

Many tradespeople resist written contracts for small jobs, feeling they create unnecessary formality or suggest distrust. The opposite is true: a professional written agreement demonstrates that you are organised, serious, and have done this before. It also protects the customer — they know exactly what they are paying for and what recourse they have if something goes wrong. Customers who are reluctant to sign a written agreement for a large job are a red flag.

A written contract doesn't need to be a formal solicitor-drafted document. For most small jobs, a detailed written quote that includes your standard terms and conditions — and that the customer has agreed to in writing (email counts) — provides the legal foundation you need. Many tradespeople have their T&Cs printed on the back of their quote forms or attached to their email quotes.

Key Facts

  • Consumer Rights Act 2015 (CRA 2015) — applies to all contracts between tradespeople (businesses) and domestic customers (consumers); implies terms that services will be performed with reasonable care and skill, at a reasonable price (if not fixed in advance), and within a reasonable time
  • Supply of Goods and Services Act 1982 — predecessor legislation, still relevant for some contract types; largely superseded by CRA 2015 for consumer contracts
  • Late Payment of Commercial Debts (Interest) Act 1998 — applies to B2B contracts only; not consumer contracts. Consumer late payment follows different rules.
  • Consumer Contract Regulations 2013 — distance selling (phone, online, email) and off-premises contracts (where you quote at the customer's home); 14-day cancellation right for consumer customers
  • Off-premises contract — if the contract is agreed at the customer's home (most trade quotes), the customer has a legal right to cancel within 14 days; you cannot start work within that period unless the customer explicitly waives the right in writing
  • Price — fixed vs estimated — fixed price contracts: the price stated is the price (unless change orders agreed); estimated price: final price can vary; explicitly state which applies
  • Variation/change orders — any change to scope must be agreed in writing before the work is done; verbal agreements for extras are unenforceable against a careful customer
  • Payment milestones — for jobs over 3 days, stage payments are standard; typically deposit (10–25%), midpoint stage payment(s), balance on completion
  • Retention — some customers request a retention (5–10% held for 6 months); this is reasonable on large jobs but not standard for small residential work; include your position in your T&Cs
  • Dispute resolution — specify how disputes will be resolved; TrustMark and FMB membership includes access to mediation schemes

Quick Reference Table

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Job Value Minimum Documentation Recommended Documentation Key Inclusions
Under £250 Verbal OK but risky Brief email summary Scope, price, date
£250–£1,000 Written quote accepted by email Detailed written quote + basic T&Cs Scope, price, payment, timeline
£1,000–£5,000 Detailed written quote + T&Cs Contract document + quote All below plus variation procedure
£5,000–£20,000 Written contract JCT Minor Works or similar Detailed scope, stage payments, defects
£20,000+ JCT contract or equivalent Professional legal review All above + CDM considerations

Detailed Guidance

What a Written Quote Must Include (Minimum)

Even a quote that functions as a contract should contain:

  1. Your business details — trading name, address, VAT number (if registered), contact details
  2. Customer details — name and address of property where work will be carried out
  3. Date of quote and quote validity period (e.g., "This quote is valid for 30 days")
  4. Detailed scope of works — precisely what you will do; specifically what you will NOT do (exclusions prevent scope creep claims)
  5. Materials included — specify which materials are included (brand, grade, or specification); or state that materials are charged at cost plus your margin
  6. Price — total price including VAT or statement that price excludes VAT with the rate stated
  7. Payment terms — deposit amount; when balance is due; acceptable payment methods
  8. Estimated start and completion dates — qualify these: "Subject to weather and material availability; these are estimates and may vary"
  9. Your signature/name — and a space for the customer to sign/date to indicate acceptance
  10. Your terms and conditions — either on the document or attached; key clauses listed below

Essential Terms and Conditions

Scope and variations: "Any works not described above are excluded from this contract. Any additional works required will be agreed in writing before commencement and will be charged at [day rate / materials + X% markup / separate quote]."

Payment terms: "[X]% deposit is due before work commences. The balance is due on practical completion. Payment is due within [7/14] days of invoice. Late payment incurs interest at [8% above base rate / statutory rate] from the due date."

Materials: "Materials supplied by [company name] remain our property until paid for in full. Materials not listed above are excluded unless agreed in writing as a variation."

Defects: "We undertake to remedy any defect arising from our workmanship, reported within [12 months] of completion, at no additional charge. Materials warranties are those provided by the manufacturer."

Cancellation (for off-premises contracts): "As this contract was agreed at your property, you have the right to cancel within 14 days of signing without charge. If you wish to waive this right and require work to commence immediately, please sign below. Note: if you waive the right to cancel and then cancel before completion, you will be liable for work carried out to that point."

Dispute resolution: "In the event of a dispute, we will first attempt to resolve the matter directly. If unresolved, either party may refer to [your trade association's] mediation service before commencing legal proceedings."

Intellectual property: "Designs, specifications, and drawings prepared by us remain our intellectual property unless specifically agreed otherwise."

Off-Premises Contracts: The 14-Day Cancellation Right

This is one of the most important legal requirements for tradespeople who quote at customer's homes — which is most domestic tradespeople most of the time. Under the Consumer Contract Regulations 2013, if the contract is concluded away from the trader's premises (i.e., at the customer's home or on site), the consumer has an automatic 14-day right to cancel.

What this means in practice:

  • If you quote and get a verbal or written agreement at the customer's home, the 14-day clock starts
  • You should not start work during this 14-day period unless the customer explicitly waives the right in writing
  • If the customer waives the right and asks you to start immediately, and then cancels, they must pay for work done up to cancellation point

How to handle it: Include a cancellation clause in your written quote/contract with a waiver option. Something like:

"You have a legal right to cancel this contract within 14 days without reason. By signing below and requesting work to start within 14 days, you confirm you waive this cancellation right and understand that you will be charged for work carried out if you subsequently cancel."

For emergency work (burst pipe, boiler breakdown, emergency electrical work), the customer can waive the cancellation right by requesting immediate start for reasons of urgency. Document this verbally or in writing.

Change Orders: Preventing Extras Disputes

The most common source of disputes is "extras" — work done above the original scope that the tradesperson expected to charge for but the customer expected was included. The fix is a formal change order process.

When you identify scope change needed:

  1. Stop work on the new scope immediately
  2. Notify the customer in writing (text or email) of what has been found and what additional work is required
  3. Agree the additional price in writing before starting
  4. Document the agreed change order (can be as simple as an email chain)
  5. Include the agreed variation on your final invoice with reference to the written agreement

Never proceed with significant additional work based on verbal agreement and then invoice for it — even if the customer verbally agreed, they may dispute it later.

Using JCT Contracts for Larger Jobs

For jobs over £5,000, industry-standard contracts provide better protection than bespoke T&Cs. The Joint Contracts Tribunal (JCT) publishes contracts specifically for domestic work:

  • JCT Minor Works Building Contract 2016 — for straightforward domestic work up to approximately £150,000; most common for extensions, conversions
  • JCT Home Owner/Occupier Contract (Building a House) — simple format; designed for homeowners engaging builders directly
  • JCT Intermediate Building Contract — more complex projects with sub-contractors and specialists

JCT contracts are available to purchase from the JCT website (riba.org/jct). They include provisions for: contract sum, variations, extensions of time, defects periods, disputes procedures. Using a JCT contract signals professionalism and protects both parties.

Frequently Asked Questions

Using squote: squote generates a professional PDF quote that includes scope of works, payment terms, and a validity period — giving you the written foundation you need before any work starts, sent directly to the customer's inbox.

Is a quote the same as a contract?

A quote becomes a contract when the customer accepts it. Acceptance can be written (signing the quote, replying "yes please proceed" by email) or verbal (telling you to go ahead). However, a verbal acceptance is much harder to prove if disputed — always get written acceptance. Note: a "quote" is a fixed price offer; an "estimate" indicates the final price may vary. Use the correct terminology.

Can I charge for preparation of a detailed quote?

For most domestic work, no — customers expect free quotes and charging for one will lose the job. However, for design and specification work (detailed drawings, structural calculations, interior design), a fee is normal. Be clear in advance what is free and what is chargeable.

A customer is withholding final payment — what can I do?

First: establish why. If they have a genuine defect complaint, address it — the cost of a small remedial job is less than the cost of chasing through small claims. If payment is being withheld unreasonably (the work is complete and satisfactory), issue a formal invoice with a 7-day payment deadline. After 7 days, write a formal "Letter Before Action" stating your intent to issue small claims proceedings. For amounts under £10,000, the small claims track in County Court is accessible, low-cost, and effective. For larger amounts, consult a solicitor.

Should I take a deposit?

Yes — for any job over £500, a deposit of 10–25% of the contract value is standard. The deposit covers your material ordering costs and provides a commitment signal from the customer. If a customer refuses any deposit, consider this a warning sign. Your T&Cs should state the deposit is non-refundable if the customer cancels less than [X] days before the start date (after the 14-day cooling-off period).

Regulations & Standards

  • Consumer Rights Act 2015 — Implies terms into all B2C service contracts; service with reasonable care and skill, reasonable price, reasonable time

  • Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 — 14-day cancellation right for off-premises and distance contracts

  • Unfair Contract Terms Act 1977 — contract terms must not be unreasonably one-sided; applies to B2C and B2B

  • Supply of Goods and Services Act 1982 — predecessor legislation on implied terms; still applies to some contract types

  • Citizens Advice — Consumer Rights and Services — Consumer rights in service contracts

  • Federation of Master Builders — Contract Templates — FMB contract and T&C templates for members

  • JCT — Home Owner Contracts — JCT domestic building contracts

  • GOV.UK — Consumer Contract Regulations — Official guidance on the 2013 Regulations

  • payment terms — Payment terms, deposit amounts, and late payment legislation

  • consumer rights — Consumer Rights Act obligations for tradespeople

  • quoting tips — Writing quotes that win work and protect your business

  • payment chasing — Chasing overdue invoices and letters before action