Builder changed quote and over charging. Threatening court if I don’t pay the extra

I recently employed a Spanish builder to do approx 25k of works to my daughters house. 
I paid the 50% deposit and the 25% when work was half way. 
I had some issues with the electrics not being safe and tripping so had to employ another electrician to make safe.

the builder then decided to change his bill and add more items to it not agreed or on the original invoice.

he said he will take me to court for nine payment.

1. he never did these additional little jobs

2. It's not my house and I'm not Spanish resident 

any advice welcome 

You should pay the builder whatever you agreed provided the work has been carried out to a reasonable standard. You do not need to pay for any work you have not authorised. 

If you dispute the builder's demands, you will need an independent qualified surveyor's report.  

If you want to avoid court and the builder's financial demands because it is not your house and you had no authority to authorise anything, plus you are not a Spanish resident and live outside Spain you will need legal advice from a qualified lawyer. 

Spain is no different to most other countries in the "western world" - in any dispute the facts of the case, particularly what can be readily proven is all important. 

Now is the time to reinforce your case if necessary - it's probably not too late to do so.  But this must be done in a passive manner - if you can keep it friendly so much the better.

The vital factor is that all relevant facts and details MUST be in writing.

So first off ponder your position and identify your strengths and weaknesses to ascertain where you need to improve your position and write a business like note to confirm whatever is needed.

This may all sound patronising, it is all basic stuff, but it's too easy to only see the matter from your own perspective.  If necessary be prepared to compromise - but don't be unduly fazed by the "Spanish court" threat - if it comes to that you should find they're staffed by reasonable people.

Personally I wouldn't spend any money on professional help at this stage.  It's too soon and you'll almost guarantee in escalating the matter, which is not what you want.

So as soon as poss, write summarising the position as you see it with a few "as we agreed at the outset" phrases etc where necessary, to establish the facts where this is not previously confirmed in writing.  But without any peripheral unpleasantness that is not material to the financial situation.  It can be good to a draft, then leave it for 24 hours - often the text mellows after 24 hours, which can be beneficial in settling the matter amicably.

I'm not a lawyer, but I can offer some general advice that may be helpful in this situation. It's important to consult with a legal professional who specializes in Spanish law to get accurate and specific advice for your case.

Review the contract: Carefully review the contract you had with the builder to determine the scope of work that was agreed upon and the payment terms. If the additional items were not included in the original contract or invoice, it may be easier to dispute them.

Document everything: Collect all relevant documentation, including the original contract, invoices, and any communication with the builder. Keep records of any issues or complaints you had, especially regarding the unsafe electrics and the subsequent hiring of another electrician.

Seek legal advice: Consult with a lawyer in Spain who has expertise in construction law or contract disputes. They can assess the specifics of your case and provide guidance on how to proceed.

Negotiate or mediate: If possible, try to resolve the dispute through negotiation or mediation before resorting to legal action. This may involve communicating with the builder and explaining your concerns, highlighting the discrepancies in the invoices, and seeking a fair resolution.

Consider filing a complaint: If the builder refuses to cooperate or if you believe you've been a victim of fraudulent or unethical practices, you may need to consider filing a complaint with the appropriate authorities in Spain. Your lawyer can guide you on the necessary steps and procedures.

Remember, the laws and regulations regarding construction contracts and disputes can vary between countries, so it's crucial to consult with a legal professional familiar with the laws in Spain to ensure you receive accurate advice.

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