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Contractor & Construction Disputes

How to get money back from a dodgy builder in Ireland

If a builder’s work falls short, Irish consumer law gives you remedies — from requiring repairs to terminating the contract and claiming reasonable costs. This article explains the practical steps, the evidence that matters, and when to escalate.

BeforeSuit

How to get money back from a dodgy builder in Ireland

If your builder has left shoddy, incomplete or unsafe work, you can often recover money — but the route depends on what went wrong, how you paid and how well you documented the job. Under the Consumer Rights Act 2022 you can require the trader to put the service right, ask for a price reduction, terminate the contract and demand repayment, or have the work remedied elsewhere and recover reasonable costs. See the official text of the Consumer Rights Act 2022 for the statutory wording and remedies.

The next sections explain what to do in practical order, the evidence that makes a claim credible, straightforward examples of how remedies work, and the limits you must expect when the dispute goes to court or a bank.

Start here: gather the evidence that decides the case

You do not need a solicitor to begin, but you do need paper (or digital) proof. Take these steps immediately and keep everything in one place:

  • Photograph and date the defects (wide shots and close-ups). Good photos make a large difference if the builder disputes the facts.
  • Save all communications: texts, WhatsApp messages, emails and notes of phone calls with dates and times.
  • Keep the original contract, any written quotes, invoices and receipts for payments or materials.
  • Keep a written log of events: when work started, who attended the site, what was agreed on-site and any missed dates.

The Competition and Consumer Protection Commission (CCPC) and gov.ie both emphasise early written complaints and retaining evidence — these records are the core of any claim. See the CCPC’s guidance on home-improvement disputes for further detail: CCPC guidance on disputes with builders and tradespeople.

Tell the builder clearly what you want — and give them a chance to fix it

Small disputes often settle if you communicate clearly and formally. Write (email or recorded post) describing the defects, the remedy you want (repair, price reduction, or termination and refund), and set a reasonable deadline for a response. Ask for dates the builder can attend to fix the problems.

Why this matters: the Consumer Rights Act 2022 gives the trader an opportunity to remedy non-conforming services. A reasonable, documented request strengthens your later position if the trader refuses or ignores you. If the trader does nothing, your written request creates a clear factual trail.

For the legal framework, refer to the Consumer Rights Act 2022: Consumer Rights Act 2022 — remedies for non‑conforming services.

If the builder won’t or can’t fix it: three practical remedies

  1. Repair by the trader
  • You can ask the trader to fix the defects. If they agree, get the agreement in writing with a date.
  1. Terminate the contract and demand repayment (or seek a price reduction)
  • If the lack of conformity is not minor, you may terminate and ask for a refund of sums paid. Alternatively, keep the job and seek a fair price reduction for the defective work.
  1. Have the work remedied elsewhere and recover reasonable costs
  • If the trader fails to act, you can arrange repairs with another contractor and claim reasonable, documented costs. The statute requires costs claimed to be reasonable and not duplicated.

The CCPC summarises these consumer remedies and how they apply to home-improvement work: CCPC advice on home-improvement and building‑work disputes.

Practical example

Suppose you paid €6,000 to replace a roof section and the new flashing leaks within weeks. You write to the builder asking for repair within 14 days. The builder ignores you. You obtain two written quotes for the repair: one from the original builder (no response) and one from another roofer for €1,200. You instruct the second roofer, keep receipts, and then claim the €1,200 as reasonable costs. If the builder disputes reasonableness, the court will compare quotes and evidence of the defect and your attempts to have it fixed.

How you paid matters: card chargebacks and other payment remedies

If you paid by credit or debit card, contact your card issuer about a chargeback — banks have their own procedures and time limits, so act quickly. The CCPC identifies card chargeback as a practical option for consumers. Keep the bank’s correspondence and the evidence above; chargebacks are not automatic and often require a clear explanation of the dispute. See CCPC’s general guidance on faulty goods and payment disputes: CCPC faulty‑goods and payment FAQ.

When negotiation fails: mediation, the CCPC and court action

If the trader refuses to cooperate, consider these escalation routes in order of cost and complexity:

  • Mediation or alternative dispute resolution (cheap, faster) — useful where the dispute is factual but not legally complex.
  • Contact the CCPC for advice; they publish guidance and may pursue enforcement for systemic breaches.
  • Civil action in the appropriate court to recover money. For modest sums, District Court or small claims procedures may apply; for larger or complex construction disputes, specialist legal advice is sensible.

The gov.ie consumer‑rights summary explains consumer dispute routes and when to seek resolution: Consumer rights and dispute procedures on gov.ie.

Be realistic about costs and time: court claims take time and there are limits to what you can recover (you must prove your loss and keep costs reasonable). If the builder is insolvent or has disappeared, recovery may be impossible without insurance or other remedies.

Common complications and what to watch for

  • Verbal contracts: without written terms it is harder to prove the agreed scope and timescale.
  • Partial payments: if you paid in stages, demonstrate what each payment covered and why you withheld later payments (keep contemporaneous notes).
  • “Double recovery”: the law prevents being paid twice for the same loss. Document costs carefully when you remediate the work yourself.
  • Structural or safety defects: these may require urgent professional inspection and legal advice rather than a simple consumer claim.

When to get a solicitor

Seek a solicitor experienced in construction or consumer law if the sum is large, the defect is structural, the builder faces insolvency, or the other side threatens legal action. For many home‑improvement problems the CCPC and consumer remedies suffice, but complex quantification of loss and enforcement often need legal help.

If you decide a formal written demand will help, a carefully drafted letter that states the facts, the remedy sought and a clear deadline can focus negotiations. For homeowners who prefer professional drafting, a commercial service that prepares demand letters may be useful; for example, provides document preparation from customer-supplied information and does not itself act as a law firm.

Final note

Act quickly, document everything and give the builder a clear chance to fix the problem. Use the statutory remedies in the Consumer Rights Act 2022 when the trader will not cooperate, but balance the likely recovery against the time and cost of escalation. The CCPC and gov.ie pages linked above are the right first stops for procedural guidance and practical expectations.

For help preparing a professional demand letter, BeforeSuit can help you prepare your next steps.

Written by the BeforeSuit Team

BeforeSuit helps people and businesses prepare professional demand letters and dispute documents using the facts and supporting information they provide. Our mission is to make it easier to organise a monetary dispute clearly and present the requested resolution in a professional document. BeforeSuit is a document preparation service, not a law firm, and does not provide legal advice or legal representation.

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