Across projects like kitchen refurbishments, loft conversions, office fit-outs, and retail unit upgrades, contractors often face sudden termination or accusations of failing to work “regularly and diligently.” These disputes can feel overwhelming, especially when the real cause is missing instructions, delayed approvals, or restricted site access—not contractor negligence.
Common community questions
“My site supervisor says we’re behind schedule, but the project manager hasn’t released the updated plans. Can I be penalised for delays when I haven’t got the information I need?”
“The employer keeps changing the scope of works verbally, then claims we’re not following instructions. How should I document these changes to protect myself?”
“We’re being told to halt work in certain areas because the client hasn’t secured the necessary permissions. If progress stalls, how do I show it’s not our fault?”
If you’re a plumber, joiner, plasterer, or site manager, you might encounter situations where the employer delays providing essential drawings, fails to issue variations, or restricts access to certain areas of the site. These actions can prevent you from progressing, yet you may still be blamed for delays or non-performance.
Construction contracts typically require employers to follow a clear notice and cure process before terminating. You should receive a written Default Notice outlining alleged issues and giving you a reasonable period to address them. If you’re unable to proceed because the employer hasn’t provided necessary information or approvals, this can undermine their right to terminate.
It’s understandable to feel anxious when your work is questioned. The best way to protect yourself is to stay calm and start gathering evidence. Keeping a site diary, taking progress photos, and saving emails or text messages can demonstrate your readiness to work and highlight any employer-caused obstacles. Adjudicators and insurers rely on these contemporaneous records to assess disputes fairly.
Practical steps for trades and site teams:
Record daily site events, noting delays caused by missing instructions, late approvals, or restricted access to work areas.
Confirm any verbal instructions or changes in writing (“Following today’s site meeting…”).
Submit Requests for Information (RFIs) and keep copies of all correspondence.
Store Default Notices and your responses in a dedicated folder.
Maintain labour reports and delay notices as required by your contract.
If you receive a Default Notice, respond promptly and clearly. Explain any prevention you’ve experienced, attach supporting evidence, and outline your efforts to resolve the issue. Many contractors worry about being blamed for delays, but contracts protect you if you can show the employer prevented progress. It’s not about perfection—it’s about being organised and proactive.
Common pitfalls to avoid:
Not documenting verbal instructions or site restrictions.
Failing to keep a diary or evidence pack.
Missing the cure period or failing to respond to Default Notices.
If you’re unsure what to do next, remember: you have rights. Employers are expected to act reasonably, and you’re entitled to defend yourself with clear evidence. Take each day as it comes, keep your records up to date, and don’t hesitate to seek support if you need it.
Helpful resources:
Construction contract user guides.
HGCRA 1996 Part II (section 108 rights).
Template Default Notice response.
No matter your trade or project type, documenting everything and responding promptly is your best defence. Use your contract’s notice and cure provisions to protect your rights and your reputation.
Disclaimer: This article is general information. It is not legal, financial or tax advice.
