Builder Walked Off the Job — What to Do Step by Step

The crew was supposed to be back on Monday. A week passed, then two, the phone goes unanswered, and the site is sitting there with an open roof or an unfinished wall. If your builder has walked off the job, the worst thing you can do is wait "until they finally get in touch" — the longer the standstill drags on, the harder it becomes to recover your costs later. This guide walks you through, step by step, how to give formal notice to the builder, when you can terminate the contract, and how to recover the cost of having someone else finish the works.

This guide is general legal information, not legal advice. How the rules apply depends on the contract, the evidence available and the circumstances, and on whether the matter is treated as a consumer, civil, or business (B2B) dispute — we cannot guarantee any outcome or timescale. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

Key points

• Delay is not the same as abandonment — first establish whether the builder has actually stopped work, or is merely running late.
• The legal regime depends on the parties' status — a consumer's position differs from a business-to-business (B2B) relationship; this is one of the first things worth establishing, as it affects which remedies are available. ⚠️
• If completion on time has become improbable, you can terminate the contract even before the deadline expires (Article 635 of the Polish Civil Code, Kodeks cywilny — "KC").
• Where work is defective or does not match the contract, you first call on the builder to change the way the work is carried out, and only once that deadline passes without result do you terminate the contract or have another contractor put things right at the builder's expense (Article 636 KC).
• A written notice with a deadline is a key piece of evidence — without it, it's harder to show the builder was given a genuine chance to put things right.
• Substitute performance (having someone else finish the job) needs paperwork — a cost estimate, invoices and photographs, otherwise it is difficult to recover the costs from the builder.
• How the contract is classified (a "work" contract or a "construction works" contract) affects the limitation period — this is a point that needs a lawyer's assessment.

Delay or abandonment — how to tell the difference

Delay is when the builder still says they intend to carry on, but is running behind schedule (missing materials, weather, other jobs). Abandonment is different — the crew stops turning up, doesn't answer calls or messages, and the site sits unfinished for weeks.

Under the Polish Civil Code, the key point is that where the builder is late starting or finishing the work to such an extent that it becomes improbable they will complete it by the agreed deadline, the client can terminate the contract — without first setting a further deadline — even before the original completion date has passed (Article 635 KC). ✅ So you don't have to wait for the formal contractual deadline to expire — it's enough that meeting it has become improbable.

A prolonged absence of any activity on site will usually fall squarely into this category. It's still worth documenting the builder's "disappearance" — dates of contact attempts, the lack of any reply, dated photos of the site — because this will form the basis of your position if the matter ends up in court.

Formal notice to complete or fix the work — what it should contain

Before reaching for termination, in many situations it's worth sending the builder a written notice first — particularly where part of the work has been carried out defectively or not in line with the contract. In that case you can call on the builder to change the way the work is being carried out and set a reasonable deadline for this, and once that deadline passes without result, either terminate the contract or have the work corrected or completed by someone else at the builder's cost and risk (Article 636 KC). ✅ ⚠️ The precise conditions for settling costs "at the builder's expense" need confirming with a lawyer — they depend on the wording of the contract and the circumstances.

A good notice includes: the date and both parties' details, a reference to the contract (date, scope of works), a description of the facts (since when there has been no contact, and what attempts you've made), a specific demand (return to work, or remedy of the identified defects), a reasonable deadline, and a warning of the consequences — termination of the contract, or having another firm finish the works at the builder's cost.

Send the notice in a form you can prove — registered post with proof of delivery, or an email with a read receipt, ideally both channels at once. Keep a copy.

When and how to terminate a construction contract

Termination is based mainly on two provisions: Article 635 KC, where the delay is so serious that meeting the deadline has become improbable — with no need for a prior notice to complete (✅); and Article 636 KC, where the builder is carrying out the work defectively or not in line with the contract and fails to respond to a notice to change the way the work is carried out within the deadline set (✅).

The termination notice should be a written statement setting out its legal basis (e.g. "I am terminating the contract under Article 635 KC in connection with...") and its consequences, including a demand to settle accounts for the work done so far. ⚠️.

Whether the agreement should be classified as a contract for a specific work (Articles 627–646 KC) or a construction works contract (Articles 647–658 KC) can be a contentious question and affects, among other things, the limitation period — this point requires a lawyer's assessment, especially for larger projects with a design and a site log. ⚠️

Substitute performance — having the work finished by someone else and recovering the cost

If you decide to have the work finished by another contractor instead of (or alongside) terminating the contract, keeping your paperwork in order will determine whether you can later recover the cost: notify the original builder in writing that you are having the works completed by another firm at their cost, instruct the new crew in writing with a cost estimate, document the state of the site with dated photographs before the new contractor takes over, obtain an invoice and a handover/acceptance record from the new contractor, and finally send the original builder a statement of account together with a demand for payment of the cost difference.

⚠️ The cost of substitute performance must be reasonable and proportionate to the scope of the work — a court may refuse to accept any amount above the market rate. The scope and rules for charging these costs to the builder in a specific case require confirmation from a lawyer.

Settling deposits, advance payments and work already done

Terminating the contract or arranging substitute performance doesn't close the matter — you still need to settle what has already been paid and done. An advance payment (zaliczka) made to a builder who has not performed the contract is, in principle, refundable. ✅ A deposit (zadatek, Article 394 KC) works differently: if it is the builder who fails to perform, you can terminate the contract and claim payment of double the deposit paid. ✅ Whether a given payment was a deposit or an advance payment depends on the wording of the contract — in the absence of a clear clause, a payment tends to be treated as an advance payment. ⚠️.

Where part of the works has been carried out properly, its value should normally be accounted for (set off against the amount you're claiming back), not simply ignored — valuing that portion of the work can be contentious and often calls for a cost estimate or an expert opinion. ⚠️

Documents and evidence worth gathering

Frequently asked questions

How long do I need to wait before it counts as the builder having abandoned the job?

There is no fixed period — what matters is whether the delay means completion by the contractual deadline has become improbable (Article 635 KC). In practice, several weeks with no contact and no progress on site is a signal to start acting formally, but assessing a specific case requires a lawyer's analysis. ⚠️

Can I terminate the contract straight away, without sending any notice first?

Where there is a serious delay — yes, Article 635 KC does not require a prior notice. Where part of the work has been carried out defectively (Article 636 KC), the law requires you to first call on the builder to change the way the work is done, with a deadline. A written notice almost always strengthens your evidential position, even where it isn't formally required. ⚠️

Can I have another firm finish the building work and charge the cost to the original builder?

In principle, yes, on the basis of substitute performance (Article 636 KC), provided the correct procedure is followed (notice, deadline, documentation) and the costs are reasonable. The details of how this is settled require confirmation from a lawyer. ⚠️

Will I get my whole advance payment back?

An advance payment is, in principle, refundable, but the amount may be reduced by the value of work that was actually carried out properly. Exactly how much you're entitled to depends on the circumstances and the evidence — it cannot be guaranteed in advance. ⚠️

Need help with this situation?

If your builder has walked off the job and isn't responding to your notices, we can help you get your documents in order — the contract, correspondence, photos and cost estimates — ready for a lawyer's further review. Describe your situation — we'll take a free look: tell us since when the builder has stopped showing up on site, what notices you've already sent, and the current state of the works. Submitting the form does not create any contract.

See also related guides from this section:

• Builder Won't Fix Defects — When Should You Send a Demand for Payment?
• Builder Took a Deposit and Never Finished the Renovation — What Can You Do?
• Disputes With a Building Crew — the Most Common Mistakes
• Disputes With Companies — All Guides