Construction Business Plan: Section 50 of the Consumer Rights Act 2015
- William Slivinsky
- Jun 1
- 8 min read
Builders usually think about legal risk in terms of workmanship, payment, snagging, insurance and customer complaints. Those risks are real. But there is another risk that often starts much earlier: the words used before the job begins.
A customer may later rely on a website statement, quotation, email, WhatsApp message, text message, brochure, advert or verbal explanation. What felt like ordinary marketing or a helpful explanation at the time can later be treated as part of the contract.
That is where section 50 of the Consumer Rights Act 2015 matters.
For builders, kitchen fitters, flooring installers, roofers, decorators, refurbishment contractors and other construction businesses, section 50 is important because disputes often arise after the work has been completed. The customer may say the work was not what they were promised. They may ask for a refund, remedial works, compensation or the cost of another contractor putting the job right.
This article explains why construction businesses should treat marketing, quotations and customer communications as part of their legal risk management.
Construction Business Plan: Section 50 of the Consumer Rights Act 2015
Section 50 of the Consumer Rights Act 2015 applies to consumer contracts for services.
In simple terms, it says that certain information given by the trader can become a term of the contract.
There are two important parts.
First, information provided by the trader about the trader or the service can become part of the contract if the consumer took it into account when deciding to enter into the contract, or when making a decision about the service after the contract had already been entered into.
Second, certain pre-contract information required under the Consumer Contracts Regulations can also become part of the contract.
For a construction business, this means the legal agreement may not be limited to the formal written quote or invoice. The wider communication trail may matter.
That may include:
website wording;
Google Business profile descriptions;
social media posts;
adverts;
brochures;
estimates and quotations;
emails;
WhatsApp messages;
text messages;
pre-contract discussions;
descriptions of materials;
promises about timescale;
guarantees;
explanations of what is included;
statements about experience, qualifications or specialism.
This does not mean every vague sales phrase becomes a binding legal promise. General wording such as “high quality service” or “trusted local builder” may be too broad to create a precise contractual obligation.
But more specific statements can create risk.
Why this matters for builders
Construction work is not like selling a simple product over the counter. The customer often does not fully understand the technical side of the work. They rely on what the builder says.
They may rely on the builder’s description of:
what work is necessary;
what materials will be used;
how long the job will take;
whether the work will solve a particular problem;
what is included in the price;
what is excluded;
what preparation is required;
what condition the existing structure is in;
whether the work is suitable for the property;
whether the materials are suitable for the room;
whether the work is guaranteed;
what maintenance is needed afterwards.
If the customer later complains, they may not only say: The work was defective.
They may also say: That is not what I was told.
That second point is where section 50 becomes important.
Examples of statements that may create contract risk
A builder may create legal risk by saying things such as:
“We specialise in damp-proofing.”
“This will permanently fix the leak.”
“The floor will be suitable for a kitchen.”
“All materials are included.”
“The work will take five days.”
“You will not need any further preparation.”
“This product is waterproof.”
“The roof will be guaranteed for ten years.”
“We always follow the manufacturer’s installation instructions.”
“We will come back and fix any problem.”
“Waste removal is included.”
“All work is carried out by qualified tradespeople.”
Depending on the facts, these statements may become relevant if the customer later alleges breach of contract.
The issue is not only what was written in the final invoice. The issue may be what the customer was told before they agreed to proceed.
A real example: BOXEN SPACE LTD
In one defended construction dispute involving BOXEN SPACE LTD, the customer brought a claim after kitchen and flooring works had been completed.
The dispute concerned bamboo flooring. The customer alleged that the floor later warped, lifted and became uneven. The claim relied on alleged poor workmanship and referred to the Consumer Rights Act 2015.
The customer also referred to emails, WhatsApp messages, alleged promises to inspect, photographs, expert comments and the cost of remedial works.
The important point for builders is not the identity of the customer. The important point is the pattern of risk.
The job was completed. Time passed. The customer later complained. The complaint developed through messages, emails, alleged inspections, expert opinion, remedial quotations and a court claim.
That is a very common pattern in building disputes.
A builder may think:
“The job was finished years ago.”
The customer may say:
“The problem only became obvious later.”
A builder may think:
“The quote was basic.”
The customer may say:
“I relied on what was said in messages and discussions.”
A builder may think:
“I only agreed to look at it.”
The customer may say:
“You promised to inspect and fix it.”
This is why legal risk management for builders is not only about doing the work properly. It is also about controlling what is promised, what is excluded, what is recorded and how complaints are handled.
Section 49 and section 50 are different risks
Builders should understand the difference between section 49 and section 50 of the Consumer Rights Act 2015.
Section 49 is about the standard of the service. It requires the trader to perform the service with reasonable care and skill.
Section 50 is about information becoming part of the contract. It can make the trader legally accountable for information given about the trader or the service, if the consumer relied on it.
In a building dispute, the customer may rely on both.
They may say:
“The work was not carried out with reasonable care and skill.”
That is a section 49 argument.
They may also say:
“The builder promised something different from what was delivered.”
That is where section 50 may become relevant.
For construction businesses, this matters because a customer may not only attack the workmanship. They may also attack the wording of the quote, the advert, the website, the WhatsApp messages and the explanations given before the job started.
I deal with section 49 separately in my article on construction business planning and the duty to carry out services with reasonable care and skill.
Why quotations need careful drafting
Many builders use short quotations. That is understandable. A long legal document is not always practical for a small or medium-sized construction business.
But a quote should still be clear.
A good quotation should explain:
who the contracting business is;
what work is included;
what work is excluded;
what materials are included;
who supplies the materials;
whether the price is fixed or estimated;
how variations will be agreed;
what assumptions the quote is based on;
whether hidden defects may increase the cost;
whether waste removal is included;
whether making good is included;
what access is required;
what the customer must do before work starts;
what warranty or guarantee is offered;
what limitations apply to the guarantee;
what aftercare or maintenance is required.
A quotation does not need to be aggressive. It should be clear, practical and fair.
The aim is not to avoid responsibility. The aim is to avoid confusion.
Website wording also matters
A builder’s website is often written to attract customers. That is normal. But website wording should still be accurate.
A construction business should avoid making claims it cannot prove or does not intend to stand behind.
For example, be careful with phrases such as:
“fully guaranteed”;
“specialists in all structural work”;
“we fix all damp problems permanently”;
“no hidden costs”;
“all work completed on time”;
“insurance-backed guarantee”;
“qualified experts”;
“manufacturer-approved installation.”
If these statements are true and properly supported, they may be useful. If they are vague, exaggerated or inconsistent with the actual terms of business, they may create unnecessary risk.
The website, quote and written terms should work together. They should not contradict each other.
WhatsApp, text messages and emails can become evidence
Many builders communicate with customers through WhatsApp, text messages and informal emails. That is commercially normal. It is quick and convenient.
But it can also create evidential problems.
A short message such as:
“Don’t worry, I’ll sort it.”
may later be argued to mean:
“The builder accepted responsibility and promised to fix the defect.”
A message such as:
“That floor will be fine.”
may later be argued to mean:
“The builder confirmed the product was suitable.”
A message such as:
“I’ll come back next week and fix it.”
may later become important if no visit takes place.
This does not mean builders should stop communicating with customers. Good communication often prevents disputes. But messages should be clear and controlled.
For example, instead of saying:
“Don’t worry, we’ll fix it.”
a better message may be:
“Thank you for raising this. We will arrange a visit to inspect the issue. At this stage, we have not established the cause. After inspection, we will confirm our position in writing.”
That wording is still helpful and professional. But it avoids accepting liability before the issue has been checked.
The business plan point: legal risk starts before the complaint
A construction business plan should not only ask: How will we get customers?
It should also ask:
What will we say to customers before they agree to the work?
That includes:
advert wording;
quote templates;
website descriptions;
contract terms;
payment terms;
variation procedure;
complaint procedure;
inspection records;
handover documents;
aftercare instructions;
message templates;
record keeping.
This is not about making the business complicated. It is about protecting the business from predictable disputes.
Most building disputes are not created by one document. They are created by a mixture of incomplete quotations, informal promises, unclear exclusions, missing records, changing instructions and emotional messages after the customer complains.
A clear structure reduces that risk.
Practical steps for builders
A construction business can reduce section 50 risk by taking simple practical steps.
First, review the website. Check whether the website promises more than the business actually provides.
Second, review quotation templates. Make sure each quote clearly explains the scope of work, exclusions, assumptions and price structure.
Third, align the quote with the terms and conditions. The quote should not promise one thing while the terms say another.
Fourth, control guarantees. A guarantee should say what is covered, for how long, what is excluded and what the customer must do to keep it valid.
Fifth, use written variation procedures. If the customer asks for extra work, record the extra cost and get written agreement.
Sixth, keep communication professional. WhatsApp and text messages should be treated as business records, not casual conversations.
Seventh, handle complaints carefully. Do not admit liability too early. Inspect first, record findings and respond in writing.
Eighth, keep records. Photos, videos, installation notes, product instructions, customer approvals and handover documents may become important years later.
Good drafting protects good builders
Good builders can still end up in disputes. A customer may complain months or years after completion. A product may fail. A property may move. Hidden defects may appear. Another contractor may give a different opinion. The customer may ask for a refund after the work has been used for a long time.
Good drafting does not guarantee that a claim will never happen.
But good drafting helps show:
what was agreed;
what was not agreed;
what the customer was told;
what the builder warned about;
what assumptions the price was based on;
what materials were used;
what instructions applied;
what the customer approved;
what was inspected;
how the complaint was handled.
That evidence can make the difference between a manageable complaint and a serious court dispute.
Final point
Section 50 of the Consumer Rights Act 2015 is a reminder that builder marketing, quotations and customer communications are not separate from legal risk. They may become part of the contract.
For construction businesses, the practical lesson is simple.
Do not treat the website as just marketing.
Do not treat the quote as just a price.
Do not treat WhatsApp messages as harmless chat.
They may later become evidence of what the customer says they were promised.
A good construction business plan should therefore include legal drafting from the beginning: clear quotes, accurate website wording, practical terms and conditions, careful guarantees, structured emails, controlled WhatsApp communication and a clear complaint response process.
That is not about making the business less friendly. It is about making the business safer, clearer and more professional.
If you run a construction business and want to reduce avoidable legal risk, I can review your quotation template, website wording, customer messages, terms and complaint process, and help you build a clearer structure before a customer dispute becomes a claim.
The information in this article is for general guidance only and is not legal advice. For advice tailored to your business, documents and situation, book a free consultation.
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