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ARTICLE · 09 MAY 2025

Downing Tools – Can A Contractor Suspend Works? Your Rights And Risks Explained

Herrington Carmichael LLP
Herrington Carmichael LLP
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Herrington Carmichael LLP

Herrington Carmichael LLP

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If you are a contractor facing non-payment on a construction project, the question that often arises is whether you can ‘down tools'. In circumstances where the Construction Act...

United KingdomReal Estate and Construction
Jed Temple
Jed Temple
Florrie Aylward
Florrie Aylward
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If you are a contractor facing non-payment on a construction project, the question that often arises is whether you can 'down tools'. In circumstances where the Construction Act applies the answer is yes (subject to the points below), but it is essential to understand the framework surrounding contract suspension before walking off site. While suspending works can be a powerful tool to compel payment, it carries risk, and the practical consequences must be considered and weighed carefully.

When can a contractor suspend works?

As a contractor, you can only suspend works if:

  • Your contract includes a specific right to suspend; or
  • You have a statutory right under section 112 of the Housing Grants, Construction and Regeneration Act 1996 as amended (the "Construction Act").

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