SUING A BUILDER WHO HAS NOT COMPLETED THE WORK IN ACCORDANCE WITH THE CONTRACT
The legal procedure for suing a builder who has not completed the work in accordance with the contract in Spain generally follows a series of legal steps. Here is an overview of the process for suing a builder:
1. Review of the contract: Before taking legal action, it is essential to carefully review the contract entered into between the parties. The contract should contain details about the time frame for completion, the specifications of the work, and dispute resolution mechanisms.
2. Formal communication: Before initiating legal action, we recommend sending a formal letter to the builder expressing concerns, detailing the violations of the contract and setting a reasonable deadline to correct the situation. This step can be helpful in resolving the dispute amicably before resorting to the courts.
3. Technical expertise: In many cases, it may be necessary to hire an independent technical expert to assess the condition of the work and provide an expert report to support the claim. This report can be crucial in the court process.
4. Initiate legal action: If formal communication and negotiations do not resolve the problem, you can initiate legal action by filing a lawsuit in the appropriate court. It is therefore advisable to seek the advice of a lawyer specialising in construction law to guide the process.
5. Evidence and arguments: During the court process, both parties will present evidence and allegations to support their arguments. This may include contractual documents, expert reports, correspondence and any other relevant items.
6. Judgment: Once the trial is held, the court will issue a judgment that will determine the outcome of the case. Depending on the court’s decision, the judgment could determine that the builder completes the work as stipulated in the contract. Another option, and the most advisable, is to award damages or take other remedial action.
It is important to note that the process may vary depending on the jurisdiction and the complexity of the case. Specialist legal advice from Cc Lawyers is essential to ensure that all steps are carried out correctly and to maximise the chances of obtaining a favourable resolution.