Work contract

You hired a company to renovate your premises, but now, once the work is finished, you have found that there are some defects. However, despite having claimed to the builder, he keeps delaying and does not come to repair them.

In this situation, you are considering calling another company to fix the defects and then claiming the cost back from the builder. Can you do that?

Well, logically, the builder is obliged to carry out the work under the agreed terms and, furthermore, with professional diligence. Therefore, if the work has defects (for example, the taps are leaking, the paint finish is poor, etc.), you can demand their repair or a reduction in the price you paid for the renovation.

Additionally, it is also possible to claim compensation for the damages and losses resulting from these defects (such as, for example, having to close the premises for a few days due to these problems).

However, when demanding the repair, keep the following in mind:

• As a general rule, you must first claim from the builder and demand that he repair the defects; this is what is legally referred to as "reparation in kind."
• If after this request the builder does not repair them, then you can commission the repair to a third party and claim the cost from the builder; this is known as "repair by equivalent."
• The courts predominantly consider that the injured party cannot choose between "reparation in kind" or "repair by equivalent," as the latter option is considered subsidiary.

Therefore, if you want to make a claim against the builder, it is most convenient to do so through a reliable means (burofax, buromail, etc.). In this claim, document the existing defects and give the builder a reasonable period to repair them. Also, warn him that if he does not do so, you will hire a third party and will subsequently claim the cost from him.

If the request is ineffective, you can judicially claim the cost of the repair from the builder. However, you must first go to an ADR (appropriate dispute resolution mechanism), as the law requires it as a prerequisite to filing a lawsuit.

 

Our professionals will help and legally advise you in case you want to claim damages or defects caused by the builder in your premises or home.