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If hired construction equipment is unsafe, unusable or late, stop the affected work where necessary, notify the hire company through the contract’s breakdown or delivery channel, and confirm the report in writing. Record the machine, times, symptoms, promised delivery, actual delivery and every response. Then check the terms that govern your hire before accepting a repair, withholding payment, cancelling, or claiming additional costs. The result depends on whether you hired as a consumer or for a business, the contract you accepted, and the facts of the failure.
1. Make the site safe before discussing money
Stop using unsafe or inoperable equipment
Stop operating a machine if it is unsafe, cannot perform its function, displays a serious fault, or could injure people or damage property. Isolate it in accordance with the manufacturer’s instructions and your site-safety arrangements. Keep people away from moving parts, suspended loads, electrical hazards, leaks and other immediate risks. If the situation requires competent maintenance or emergency assistance, use the competent person or emergency process required on your site.
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Do not continue using a defective machine merely to avoid a hire charge. Continued use can worsen the damage, create a safety incident and make it harder to establish whether the problem was a breakdown, misuse or damage for which the customer may be responsible.
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Take photographs or video only when it is safe to do so. Capture the machine’s identification plate, asset or serial number, warning lights, fault codes, visible damage, the surrounding conditions and any relevant delivery or site-access issue. Do not dismantle covers, reset safety systems or carry out a repair simply to get the job moving.
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2. Report a fault through the agreed route
Use the contract’s reporting process immediately
Find the breakdown number, online reporting route or named contact in the hire terms. Call promptly, then send an email or other durable written message. A Construction Plant-hire Association (CPA) consumer-conditions example for plant supplied without an operator says: “You must immediately notify us if the Plant and Equipment breaks down or suffers a fault or defect such that it is inoperable or unsafe to use.” That wording comes from CPA consumer conditions identified as July 2011; it is an example contract clause, not a universal rule for every hire.
Include enough detail for a decision
Your written report should state:
- the equipment type, make, model and asset or serial number;
- the delivery date and the date and time the fault was first noticed;
- what the machine was doing when the problem appeared;
- warning lights, codes, noises, leaks or other symptoms;
- whether it is completely inoperable or can operate safely for a limited purpose;
- where the machine is located and how a technician or collection vehicle can access it; and
- the immediate effect on the planned work.
Keep the sent message and note the time of every call, the person spoken to and any reference number. Ask the supplier to acknowledge the report and identify the next action.
Ask for a specific remedy and timetable
Request written confirmation of whether the supplier will inspect, repair, exchange, collect or replace the equipment. Ask when a technician or substitute will arrive, whether the replacement has the capacity and attachments your job needs, and how the hire period and charges will be adjusted while the machine is unavailable. If the supplier proposes a substitute, compare its specification with the original order before accepting it.
Do not arrange an unauthorised repair
The same CPA example states: “Except for the repair of punctures, you must not repair or attempt to repair the Plant and Equipment unless authorised to do so by us.” Follow the actual terms supplied with your hire. Obtain written authorisation before instructing a third-party engineer, buying parts, transporting the machine or authorising work that could affect warranty or liability. A puncture or tyre-damage provision may be treated differently from a mechanical breakdown, so do not assume that one rule covers both.
3. Check whether the problem is a breakdown, damage or misuse
Responsibility often turns on why the equipment stopped working. The facts and incorporated terms control, but contracts commonly distinguish an inherent or qualifying breakdown from punctures, tyre damage, accidental damage, overloading, poor operation, unauthorised modification and use outside the agreed purpose.
- Breakdown or defect: ask how the contract treats inspection, repair, exchange, downtime and charges.
- Damage or misuse: report it honestly, preserve evidence and check notification, indemnity and repair-cost provisions.
- Site or access problem: explain whether ground conditions, access, lifting arrangements or instructions prevented use, and compare the supplier’s position with the agreed site requirements.
Do not admit liability in a rushed telephone call. Describe what happened and ask the supplier to identify the contractual basis for any charge.
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4. If delivery is late or the machine does not arrive
Verify the promised delivery
Check the accepted quotation, order confirmation and hire schedule for the date, time window, location, access conditions and any stated exclusions. Record the promised time and the actual arrival time, or the fact that no delivery occurred. If the supplier says the vehicle is delayed, ask for a realistic arrival estimate rather than an open-ended assurance.
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Contact the supplier promptly and state the equipment, agreed arrival time, current delay and the work that cannot proceed. Ask for a written delivery commitment and the remedy available under the contract. A clear message gives the supplier a chance to provide a substitute or change the hire period before losses increase.
Consider cancellation or substitution only under the actual terms
If the delayed machine will no longer serve the job, ask whether the contract permits cancellation, a substitute, a revised hire period or a refund of prepaid hire. Do not assume that a late arrival automatically creates a right to cancel or recover every resulting cost.
An October 2022 HAE example contract illustrates why the wording matters. For a consumer, it describes contacting the supplier to end the contract and receive a refund for paid-for hire goods not received where an event outside the supplier’s control risks substantial delay. For a business, it says quoted delivery or collection dates are approximate and that time is not of the essence. Those clauses apply only if that version of the HAE terms was incorporated into your contract; they are not automatic UK rules.
Check access, instructions and force-majeure wording
Compare any claimed exceptional event with the clause the supplier relies on. Check whether the contract places responsibilities on you for site access, ground conditions, permits, lifting arrangements or delivery instructions. Keep evidence showing what access was available and what instructions were supplied. A supplier cannot establish its contractual excuse merely by labelling a delay “force majeure”; the wording and facts must fit.
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5. Identify whether you are a consumer or a business customer
Consumer hires
The Consumer Rights Act 2015 defines a consumer by reference to a person acting mainly outside that person’s trade, business, craft or profession. A private individual hiring a mini-excavator for a personal project may fall within that definition; an individual hiring it for paid construction work may not. The label on the invoice is not decisive.
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GOV.UK guidance on hiring says consumer implied rights include that goods should be as described, of satisfactory quality and fit for purpose. Satisfactory quality includes being safe and in working order. The particular remedy and any notice requirement still depend on the facts and the contract’s lawful terms.
Business hires
For a business customer, implied rights can apply unless the contract legally excludes or limits them in a way a court would regard as reasonable. Business contracts may contain downtime charges, liability caps, consequential-loss exclusions, set-off restrictions, delivery tolerances and specific notice periods. Read those clauses before stopping payment or engaging another supplier.
Use the correct conditions
The CPA’s current hire-conditions page identifies its 2021 Model Conditions as business-to-business terms and lists separate consumer conditions. An association model is not automatically part of your agreement. Ask which conditions were supplied and accepted at booking, and retain the exact version. Hires in different parts of the UK can also involve different legal regimes, so obtain advice on the jurisdiction and contract if the position is unclear.
6. Compare the practical remedies
When a supplier offers more than one solution, assess each option against the job rather than choosing solely on speed.
| Option | Questions to ask | Points to confirm in writing |
|---|---|---|
| On-site repair | When will a competent technician arrive, and can the repair restore the required capacity and safety? | Diagnosis, authorisation, expected completion, downtime treatment and any charge. |
| Exchange or replacement | Does the substitute have the same specification, attachments, reach, load rating and site suitability? | Asset identity, delivery and collection times, revised hire period and charges. |
| Alternative dates | Will the machine still be useful when the revised date arrives? | New dates, cancellation rights, deposit or prepayment treatment and access arrangements. |
| Termination or refund | Does the contract permit ending the hire in these circumstances? | What is refunded, when payment is due and how collection will occur. |
The CPA consumer example describes repair or exchange, no hire charge during a breakdown, and termination or refund arrangements where a faulty item is not readily repairable and a substitute or alternative dates are unsatisfactory. Those are terms of the July 2011 example, not a promise that every hire has the same remedy.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.7. Build an evidence file before the dispute grows
Keep one chronological file containing:
- the accepted quotation, order confirmation, hire schedule and complete terms supplied at booking;
- the machine’s make, model, asset or serial number and delivery docket;
- promised and actual delivery times, site-access details and any revised schedule;
- fault descriptions, photographs or video taken safely, warning codes and the time each symptom appeared;
- the date, time and channel of every report, names of contacts and written responses;
- agreed repair, substitute, collection, downtime, cancellation or refund arrangements; and
- invoices and receipts for standby labour, transport, replacement hire or other extra costs.
Evidence supports a conversation or claim, but keeping a receipt does not by itself establish that the cost is legally recoverable. Avoid making avoidable expenditure until the supplier has had a reasonable opportunity to respond, unless safety or urgent mitigation requires immediate action.
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8. Understand charges, payment and loss claims
Downtime and hire charges
Ask explicitly whether hire charges stop while the equipment is unavailable and what event starts or ends the downtime period. A contract may distinguish a qualifying breakdown from damage, misuse or a puncture. Obtain the adjustment in writing rather than deducting an amount from an invoice without agreement.
Extra costs and consequential loss
Record reasonable mitigation costs, such as a necessary substitute machine or transport, but do not promise yourself recovery. Business terms often address consequential loss, liability caps, exclusions and set-off. A delayed machine may disrupt labour, programme milestones or subcontractors without making every resulting loss recoverable.
Payment decisions
Do not automatically withhold the whole invoice, cancel a direct debit or set off claimed losses. Check notice periods, dispute procedures and set-off restrictions first. If the amount is material or the equipment is central to a project, independent legal advice can prevent a breach caused by an incorrect payment decision.
9. Escalate in a controlled way
- Send a consolidated written notice. Set out the contract reference, equipment identity, timeline, safety status, previous reports and remedy requested.
- Ask for the supplier’s contractual basis. If it refuses repair, replacement, cancellation, refund or a charge adjustment, ask it to identify the clause and explain the factual reason.
- Use the contract’s complaint or escalation route. Write to the named manager or complaints contact and keep the acknowledgement.
- Protect the project. Agree any substitute or revised programme in writing, while reserving your position only to the extent the contract permits.
- Obtain advice when the stakes justify it. Consider independent legal advice where there is a substantial loss, an injury or safety incident, a disputed exclusion, a threatened debt claim or uncertainty over the governing law.
GOV.UK guidance on writing fair customer contracts recommends considering independent legal advice when you are in doubt about contract terms. It is especially important not to treat a sample CPA or HAE clause as governing your hire unless that wording was actually incorporated.
10. A concise message you can send
Adapt the following to the facts and send it through the contract’s stated channel:
Subject: Hire equipment [reference] — fault/delayed delivery — action required
Equipment: [make, model, asset or serial number]
Hire location: [site and access details]
Agreed delivery or hire start: [date and time]
Actual position: [arrival time, or fault first noticed at date/time]
The equipment is [unsafe/inoperable/affected by the following symptoms], so it is not being used. Please confirm by [time/date] whether you will inspect, repair, exchange, collect, replace or cancel the hire, and state the expected arrival time. Please also confirm how downtime, hire charges, prepaid sums and collection will be treated under the applicable terms.
Photographs and the relevant delivery/fault records are retained. Please acknowledge receipt and provide a reference.Keep the message factual. It creates a clear record without admitting misuse or asserting a remedy that the contract may not provide.
What a sound outcome looks like
The immediate objective is safe control of the equipment and a documented response, not an argument over liability on the first call. A sound resolution identifies the authorised repair or suitable replacement, sets a firm timetable, states what happens to hire charges and prepaid sums, and records any cancellation or collection arrangement. If the supplier will not provide that clarity, the evidence file and the governing contract give you the foundation for a formal complaint or tailored legal advice.
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