Problems with a builder

We signed a contract in Nov 2018 with a builder to reform a small kitchen area and bathroom, completion to be Jan 2019.

The work should have easily been completed by the agreed date but is still not finished and we are unable to use the apartment so haven't visited since signing contract. We have transferred almost all the money.

Legally can we sue this person and get some of our money back and employ someone else to get the work finished?

Any advice much appreciated.

Hello Eddie

Legally in Spain you can certainly sue this person and get some of our money back, but it may take 10 years and you may end up with nothing other than a lot of legal expenses. Beware of promises from Spanish meal ticket/ambulance chasing lawyers.

Is it not worth trying issuing a Denouncia?

I've never actually one myself,  only because on the few occasions I started the process the matter was quickly resolved. 

Never had a problem with a builder, so cannot be positive is applies to that sector.  I'm sure someone will know.

Thank you both for replying. What is a Denouncia?

eddie.

If you google "denuncia Spain" you will find several websites which explains what it is and how it works. (I cannot put the websites on here as it is deemed to be advertising and against forum rules)

Eddie,

The Spanish term it as a "claim form".  You simply ask the miscreant to give you the "claim form", complete it and take it to the local police.  For me it's been like magic.  As soon as I've made the request the retailer starts taking you seriously and settles.

There's been many discussions on here over the years - suggest you look at previous ones for me info.

Good luck.

Thanks for all advice. This would certainly seem like something we could resort to if he doesn't get the work finished as per the contract. 

I would do it now, you said it was due in January...

But first you need to do some homework and check that the Denouncia system operates for contractorss as well as retailers.  I think it does, to get a result you have to be sure yourself. 

The Police seem to to be very helpful by all accounts and have a lot of authority to sort matters quickly.

Will be visiting very soon so we'll have a better idea of what has or hasn't been done.

This should have easily been completed by January but would this delay count as a misdemeanor? 

As always you have to prove your case, even the very obvious basic elements.  If your documentation is weak in any areas you need to rectify this immediately, perhaps by a letter to the builder confirming the task, agreement, timing, payments made, materials etc. doing so in both English and Spanish is always best.

If you do the letter in a casual style without and threat and just state that that you want the work completed as agreed asap - then build on it.  Remind referring to the letter - try to get a response from him which in practice confirms his acceptance to the details you have confirmed.

If you don't have written confirmation on any aspect you may find you have a weakness in the future if it becomes more confrontional.

This is Spain and not the UK. In most cases you have to make the best of a bad job. Spain has little or no consumer protection that is effectively enforceable. Even the Spanish justice system and those that work in it are probably worse than your builder.

Never pay up front, only on completion. What nationality is the builder?

British!!

Well that makes life easier - you won't start at a disadvantage with the Police. 

You may also have the option to issue Proceedings in the UK small claims court if necessary.  (I always thought there must be an advantage, somewhere, in using British contractors...).

I'll let you know how we get on after our visit!!!

Eddie

What reasons or excuses is Brit the high class builder giving you?

Acer, if Eddie has in the very unlikely event unfortunately engaged a Brit rogue he will be wasting his time and money doing anything.

Difficult to get anything from him. He's over there and we're over here so he's taking advantage of that, which is why we have to get out there to see what's going on.

Eddie,

You must have a plan and follow it through.  The basics to any dispute like this is to have good evidence.  If you don't have it currently, build it up.  Don't put off doing so or you are making it more difficult for yourself - you can send a few letters now - of course keep copies. 

Make sure they are in the same style and dated.  When in a months time he hasn't replied send a reminder referring to the earler one so you are building up a picture to hand to the local court, solicitor etc  The worst thing you can do is nothing, or just talk about it.

When you are next there go and see the guy and if you don't receive an immediate positive issue the denouncia.  If he is working legally and fully registered he will be concerned that his licence is in jeopardy.  If he is not licenced he will be even more concerned (!) with the Police knocking on his door!

But with respect - stop dithering.

Wise words, thank you. 

I wish you well in sorting the problem.

In Spain some locals refer to Brits as "cows" because we're so easy to milk.  It's probably true, we are too keen to be nice and far too trusting.  For sure, some of the British contractors in Spain are doing the same.

So you have to follow the local customs and use the denouncia which seems remarkably effective.

Where do you get the forms for the denuncia from?