Litigation for Construction Problems

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Something we, in Spanish Solutions, have a great deal of experience with is litigation for construction problems.

There are good builders and there are bad builders here just like there are back home. Sometimes the mistakes by bad builders need a lawyer to push the situation. Otherwise the problem is never going to get resolved and the clients cannot enjoy their property. We are here to make living in Spain easier and without stress!

These problems that our clients encounter can be defects caused by poor construction or error, such as cracks, water leaks, property movement etc. It requires a few professionals to get involved and we coordinate it all for you. Lawyers are not experts in building and construction and therefore we would need an architect/surveyor to make a report. Antonio our architect will do a full report in order to identify the mistakes and to allow a compensation to be calculated.

Once we feel our client has a winnable case against a builder the next step is the courtroom.

Judges are not builders either so they need to be provided with all the necessary information using architects and technical experts. We do all of this. As with every court case,the final sentence will be based on the evidence presented in the trial. All information and evidence needs to be as sound and accurate as possible.

It is best therefore, unless absolutely necessary, that problems are not fixed prior to contacting a builder or constructor with a claim.

However, if the work is absolutely necessary to be fixed, then all professional invoices must be kept. Of course, no jobs should be done for cash- this is always a terrible idea. Apaert from everything else, this is illegal,  and the invoices cannot be claimed in court either.

If a builder refuses to rectify their mistakes when they receive a legal letter, then Court is the only option. Expenses will vary on the amount of the potential claim and generally will be reimbursed, if the case is successful.

Compensation will be based on the value of the damage, or the amount spent on repairs. Clients should bear in mind, a Court case can take a while however. You can also consider our “No Win No Fee” option whereby Spanish Solutions assume the risk on your behalf.

Time taken depends on which court the case is allocated to and how busy they are. We can only act for cases in our local area. Courts in Spain are busy right now!

If you have any problems with your property, which appear to be due to poor construction, please contact us for assistance. Alternatively, if you are purchasing a new property, please discuss this with us, so that we can ensure all necessary checks are undertaken. (Before the problems start!)

24 Comments

  • Robert Netland

    I have bought a new apartment and did agree with the builder on some changes. I got a contract with prices and a drawing with the changes implemented, all signed by the same person on the same day. The changes that is not done is basically one door should be moved from one wall to another wall and a door should be added in the middle of another wall, Now the only thing that is done is that added door has been put in a opening of the correct wall but no moved to the middle, the other existing door was not moved at all.
    They now say that this was not in the contract because it is just written door and price in the contract and not the details about moving the other door and so on.
    I would certainly belive that this should be done as the signed drawing that was done together with the contract.
    I belive that they have changed project manager and forgotten about the changes on the drawing and are now trying to weasel them self out of fixing it.
    Can you guys help with this? The company is AEDAS and apartment is in Estepona.

    • Amanda Thomas

      Dear Robert, Thank you for contacting us. I am not sure if we can help as Estepona is a long way from us, but I am going to ask our lawyers. Please could you send the contract, the drawing, and any written communications on this that are relevant to us for the attention of Amanda. With kind regards.

  • Susan Gutierrez

    We started a house build 3 years ago. Our builders said it would be completed in 14 months…we are still waiting and the sight has not been touched in 4 months. Meanwhile, our building has bird nests, vandalism and is decaying with the weather conditions. We have signed a contract and this seems nothing to him. What do we do? He hasn’t shown face, doesn’t answer calls or
    Messages, basically just fobs us off
    And makes empty promises. The architects don’t do much either….we try and arrange meeting, but nothing comes of it…we feel stuck. Our life is on hold and we are losing a lot of money on our current property.

    • Amanda Thomas

      Dear Susan, I am sorry to hear this. If the plot is local to us (within an hour or so) please send me a copy of the contract and any recent emails and copies of payments and we all advise a way forward and strategy, With kind regards Amanda

  • Elizabeth Bostickn

    I have had my bathroom refurbished. The workmanship is disgusting. Floor flooding, meant to be a wet room. Basically it all needs ripping down and starting again.
    .

    • Amanda Thomas

      Dear Elizabeth, I don’t know where your property is Spain is based, but I would recommend firstly starting with a clear email or whatsapp message to them listing the problems and advising that you require it all to be resolved by a certain date or you will consider taking legal action. If you are then not satisfied then I would advise them you will be making a complaint with the consumers bureau (hoja de reclamacíon, google OMIC as this is free) but if then still you wish to take legal action, Courts open in September and if you are local we could study the case then, but a legal case would take well over a year to come to Court in this area, Kind regards Amanda

  • Clare Davis

    Can someone please contact me regarding building problems

    • Amanda Thomas

      Dear Clare, Please can you send us an email regarding your situation and depending on what is needed it will be allocated to the right department. With kind regards,

  • Benjamin Gorman

    If you hire a construction company to renovate your property and that construction company is therefore responsible for project managing and for organising other trades to carry out the work. If one of the trades sent to the job delivers work that doesn’t function, for example, a carpenter whose doors don’t close properly or lock….who is responsible when the work is rejected by the client and if the carpenter then threatens court?

    Does the carpenter have a case with the client or the construction company? Who does he try to take to court and who needs to hire a lawyer?

    • Amanda Thomas

      Good afternoon, It is a little complicated this case, and I am referring your emails to our senior lawyer and will come back to you when I can, With kind regards, Amanda

  • Jane Henry

    Can a builder be sued for bad work if there is no written contract. We have been told if there is no “meeting of minds” we have no recourse.
    We do not want him to rectify the mistakes as most are tiling issues and he has put in a WhatsApp he is not a tiler when we complained about his work.

    • Amanda Thomas

      Dear Jane, it would be very difficult without proof to the Judge what the original agreement was between you, but would need study of all the communications. Court cases are not easy, are costly and you need evidence or it would not be worth attempting it. With kind regards.

  • William Fleming

    Hi do you deal with Galicia area please?

    • Amanda Thomas

      Dear William, please send us an email regarding the issue and we can let you know, Kind regards.

  • Brian

    We bought a property 18 months ago and on recommendation of our estate agent had some work done by a builder that they recommended and arranged. It has recently been discovered that the works he carried out to remove our bidet and cap it off was done so badly and incorrectly that it has been flooding the apartment below as well as causing damp issues in our apartment. Our insurance won’t pay because of the bad job are we within our rights to insist he puts all damage right or to take him to court?

    • Amanda Thomas

      Dear Brian, Yes, that is correct. Then you would need to engage a lawyer local to the property. If you are close to us then please send us an email. Kind regards.

  • Phantom

    Hello

    I have rented an apartment that is under attack of termites. I am worried about my life, that the building collapse as it is over 100 years old. I have contacted the company, however they are waiting and “discussing”, and also not doing anything about it until now, its been a week. as we are students and already pay too high rent. I would like to know if there is a solution to this situation.
    (also they put our lives in risk by not changing the plug in the bathroom that was hanging out since I moved in, after technician came he just pushed it back in and it was february untili last week like that…
    I feel like our lives dont matter at all.
    Can you help?

    • Amanda Thomas

      Good morning, please contact us by email if the building is local to La Zenia. Orihuela Costa. If not it would be best to contact a lawyer in your area. Kind regards

  • Maria Korsgaard

    Amanda- I purchased a new construction apartment in Cordoba Spain. I hired a local contractor to remove a wall to make an American kitchen. I had to move plumbing, electrical, gas line etc etc. I have quotes and signed agreements. The contractor was paid by wire transfer and by cash. I have documentation from the contractor that the job was paid in full. He did not finish a coat closet and small things. I kept asking him to finish and he kept telling me when we do the kitchen and the next phases of the projects. I decided not to continue using him after he completed the agreed upon work because his quotes were TRIPLE the other quotes I was getting and I felt he was trying to take advantage of me. I have sent an e-mail for documentation purposes stating the work was not complete, and he admitted via e-mail some stuff was not done but is trying to charge me administrated fees and only wants to reimburse 350 Euros. I have a coat closet on the quote he charged me 1,600 euros for and he didn’t do it. Small various other things he didn’t do and it totals 1,900 Euros. I requested the money back for the closet and the other things I needed to finish. He of course is trying to not pay it. What options do I have to try and re-coop my money. I am in law school in the USA and feel that I have good documentation but do not know Spanish law-

    Maria

    • Amanda Thomas

      Dear Maria, I am sorry to hear this. You need to contact a lawyer in that area of Spain (Cordoba), or close by to assist you. We are to far away from that region. They can study the quote, what has been done, the payments and advise. Probably next step is a legal letter to him. I do wish you luck. With kind regards, Amanda

  • Derek Brown

    During the last 10 months I have paid all payments to a builder to do reforms in my apartment near Torrevieja.
    I visited the apartment early November and the following work has not been finished. Kitchen ,Bathroom, Painting of walls and ceiling.
    I have copies of signed contract, and his requests for wire payments transfers to his bank. He will not answer my calls, emails since my visit .
    What can I do and can you help

    • Amanda Thomas

      Dear Derek, I will send you an email regarding this query. With kind regards.

  • Debbie wood

    A builder refurbished part of my caravan in benidorm, he was paid £4000 and everything he has done has been botched, including electrics not working and not wired properly and gas boiler not fitted correctly all pipework botched and I now cannot use my holiday home, I have asked for his Spanish papers he is a brit who claims to have the right to work but he will not answer my WhatsApp, I have everything on messages including the agreed price with him, I also have photographic evidence and video evidence of damage, can you advise me of how I would proceed with reporting him would I have to denounce him as he has not got any complaints book and will not answer me thanks

    • Amanda Thomas

      Dear Debbie, I am sorry to hear that. No, it would be a matter for a solicitor. You need to find a lawyer in Benidorm to assist. With kind regards

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