Non-Solicitation Clauses in Construction: Protect Your Clients
The short answer
Sign targeted non-solicitation agreements with every subcontractor, architect, designer and consultant, and a no-hiring-around-you clause with every client. UK courts enforce restrictions that protect a real business interest and go no further than needed.
- Two leaks, one fix. A subcontractor takes your client, or your client hires your subcontractor. Agreements with both sides close both.
- Sviat Jay has two live cases right now of clients trying to go around him. He tells every mentee to sign these agreements with everyone on the job.
- UK law enforces reasonable restrictions only, so narrow beats broad. Name the clients and projects, ban approaches and direct dealing, and keep the period short.
- Employee non-competes may soon be capped. The government said on 9 October 2026 it will legislate; details are not yet published.
A non-solicitation clause is how UK construction firms stop a subcontractor taking their client, or a client hiring their subcontractor. This guide shows what to sign and what courts enforce. To check your own contracts with our team, book a free strategy call.
The two ways you lose a client
Every contractor who uses subcontractors and outside designers has two leaks:
- The subcontractor takes your client. They meet the client on your job, hand over a number, and price the next job, or the rest of this one, without you.
- The client takes your subcontractor. The client sees who does the work and hires them directly, cutting out your margin and your management.
The same happens with architects, interior designers and consultants you bring in. You did the selling; they keep the relationship.
Sviat Jay runs the London contractor Craftex and mentors construction business owners one-to-one. He tells every mentee to sign non-compete and non-solicitation agreements with everyone on the job: architects, designers, consultants and subcontractors. Otherwise either the subcontractor steals your client or the client poaches your subcontractor. Right now he has two live cases of clients trying to go around him.
This page is general information, not legal advice. Have your agreements drafted by a solicitor.
The clauses, in plain English
- Non-solicitation (clients). They may not approach your clients or prospects they met through you.
- Non-dealing. They may not work for those clients at all, even if the client approaches them first. Stronger than non-solicitation.
- Non-solicitation (people). They may not approach your staff or subcontractors to take them away.
- Non-circumvention. They may not go around you to deal directly with anyone you introduced on a project.
- Non-compete. They may not work for a competitor or in your market at all. The broadest and the hardest to enforce.
- Confidentiality. They may not use your prices, client lists or designs.
For subcontractors and designers, the first four do most of the work. A blanket non-compete is the clause courts are most suspicious of.
Problems like this usually trace back to cash and contracts. Take the free 4-minute Construction Business Scorecard: 18 questions on your pipeline, sales, pricing, cash flow and systems, with your weakest area shown first. Want someone to run valuations, variations and final accounts for you? See our commercial management service.
What UK law actually enforces
A restriction like this is a "restraint of trade". It is unenforceable unless it is reasonable. The person relying on it must show two things, judged as at the date it was signed:
- A legitimate business interest to protect: client connections, confidential prices and designs, a stable workforce.
- No wider than reasonably necessary in what it covers, where and for how long.
Courts can strike out an invalid part and enforce the rest, but they will not rewrite a clause for you. So one overreaching line can sink the protection you needed.
Between businesses, courts treat parties dealing at arm's length as the best judges of their own interests. That covers you and a subcontractor company, an architect's practice or a consultant. So reasonable commercial restrictions are taken seriously.
One extra rule since September 2025 comes from the Competition and Markets Authority's guidance. It says agreements between businesses not to hire each other's people can breach competition law. A non-solicitation clause in a commercial agreement must be necessary for that agreement and proportionate in length and scope.
With a homeowner client, the Consumer Rights Act 2015 applies: a term that is unfair to the consumer does not bind them. Keep a no-hiring-around-you clause clear, explained and proportionate.
Not sure your subcontract and client contract would hold up?
Book a free call and we'll walk through what Craftex uses.
Agreements by who you work with
| Party | The risk | What to sign | Keep it reasonable by |
|---|---|---|---|
| Subcontractors (labour and specialist) | They take the client or price direct | Subcontract with non-solicitation, non-dealing and non-circumvention for clients they met on your jobs | Naming the clients and projects; a fixed period after their last work for you |
| Architects and interior designers | They introduce the client to another builder, or the client to them without you | Collaboration or introduction agreement: non-circumvention, confidentiality of your prices | Limiting it to the projects and clients you introduced |
| Consultants (QS, engineers, project managers) | They take your client or your people | Appointment with non-solicitation of clients and staff, confidentiality | Covering only clients and staff they dealt with |
| Clients | They hire your subcontractors or designers directly | Clause in your client contract: no direct engagement of your team for this project or a set period without your consent | Plain wording, a proportionate period; for homeowners, consumer fairness |
| Your employees | They leave and take clients or crews | Employment contract with non-solicitation and non-dealing | Short periods; watch the coming law on employee non-competes |
How to stop subcontractors stealing your clients
The clause is the backstop. The day-to-day system does most of the protecting:
- Sign before day one. No subcontractor on site without a signed subcontract that includes the restrictions.
- You own the client channel. Questions, changes and prices go through you or your site manager, never sub to client.
- Your name on site. Your branding on workwear, signs and paperwork; subcontractors don't hand out cards or quotes.
- Name the clients. List the client and project in each order, so there is no argument about who is covered.
- Pay on time. A subcontractor paid on time and given steady work has less reason to go around you.
- Act on the first breach. A written reminder of the clause early saves a dispute later.
Letting a subcontractor quote the client directly for "a small extra while we're here". It teaches both sides that they don't need you.
To set this system up in your business with our team, book a free strategy call.
Non-competes: the law is moving
The government's November 2025 working paper on non-competes in employment contracts considered four options:
- a cap on their length (the previous government proposed three months);
- different caps by company size;
- a ban below a salary threshold;
- an outright ban.
It also asked whether limits should reach beyond employment contracts. On 9 October 2026 the government said it will legislate to curb non-compete clauses, but has not yet published the detail.
What that means for a contractor today:
- Employees: expect shorter or banned non-competes. Rely on non-solicitation and non-dealing, which the 2023 three-month proposal did not cover.
- Subcontractors and designers: the reform is aimed at employment contracts. Watch whether it is extended.
- Everyone: narrow, named, short restrictions are the safe direction either way.
Want your subcontract, designer and client agreements set up as one system?
Book a free strategy call and get your contracts and processes right.
The rest of your contract set
Non-solicitation is one part of a contractor-friendly paper trail. With private clients, Sviat advises using your own contract rather than a JCT form; see JCT vs bespoke contracts for private clients. For commercial work on standard forms, start with JCT contracts explained.
Before the next subcontractor starts
General information as of October 2026, not legal advice. Have your agreements drafted or reviewed by a solicitor.
Protect your clients and your team
- Every subcontractor, architect, designer and consultant has signed before starting
- Restrictions name the clients and projects and run for a fixed period
- Your client contract bars hiring your team around you
- All client contact goes through you or your site manager
- Breaches get a written reminder the same week
