When you hire a tradesperson in Scotland whether that be for small home improvements or larger renovations, there is an expectation that the work will be carried out to a professional standard. The law supports this and the obligations of tradespeople and the rights of consumers are set out in the Consumer Rights Act 2015.
Consumer Rights Act 2015:
Under the Consumer Rights Act 2015, every contract for services with consumers is subject to certain implied terms. Under s49(1), it is implied into any contract for services that any service provided by a tradesperson must be performed with reasonable care and skill. This means that:
- The works should meet the standard expected of a competent professional in that trade exercising reasonable skill and care.
- If the work falls short of that standard, the tradesperson must put things right at no additional cost.
- If the tradesperson refuses or cannot fix the issues, the customer is entitled to a price reduction or refund.
- Damages can additionally be awarded and would typically relate to the cost of making good the works.
Many trades also have additional regulations, codes of practice or industry standards that they must follow in addition to this, for example, joiners in the UK have established codes of practice which are enforced by bodies such as the Institute of Carpenters and the British Woodworking Federation. All of which can be helpful in considering whether the work has been carried out with reasonable care and skill if a dispute arises.
Gillies v Baptie [2025] SC HAM 80
A recent Sheriff Court decision on 3 October 2025 illustrates how the above principles are applied by the courts.
Mr Gillies hired Mr Baptie to carry out a re-fit of his kitchen. The room where the kitchen was to be fitted was an unusual shape and part of the fit out required Mr Baptie to construct new walls. He did so by putting plasterboard walls on the existing walls. Problems arose when the new walls were misaligned and there were gaps in the kitchen units as a result.
Mr Gillies claimed damages for remedial work due to the misaligned walls, at the same time Mr Baptie counterclaimed for unpaid fees.
The court considered the following points:
- Was there an implied term that walls should be perfectly plumb and square after Mr Baptie carried out his work?
- Did Mr Baptie breach the reasonable care and skill requirement under the Consumer Rights Act 2015?
- Was the Mr Gillies entitled to full reconstruction costs?
The court ruled in favour of Mr Gillies noting that there was an implied term, that Mr Baptie would perform services with the reasonable care and skill of a qualified joiner. With part of this term including that the walls would be fit for purpose, not misaligned. Mr Gillies was awarded £20,040 for the costs of removing and reconstructing the walls and refitting the kitchen. Mr Baptie’s counterclaim was dismissed. It was held that Mr Baptie breached the standard of reasonable care and skill by erecting the plasterboard walls in the misaligned manner that he did.
This case reinforces the position that tradespeople must meet an objective standard in their works and that there are remedies for homeowners when they don’t.
How Thorntons can help
If you are facing a dispute with a tradesperson who hasn’t met the required standard and is refusing to resolve the issue, our experienced Commercial Litigation team can help.
To contact a member of our Commercial Litigation team, click here.
