Complaint Regarding Substandard Work

Issues Related to Substandard Construction Work in a Private Residence

Today we're talking about poorly executed work The fact is that hiring contractors for repair or renovation work on a home is one of the most common daily activities, and it tends to lead to more disputes than might appear at first glance.

Often, breaches of contract are minor and discourage the property owner from filing a claim, but this does not mean that there were no disputes during the course of that small project. In other cases, the contracts are larger in scope, and breaches do lead to disputes that receive significant attention in the courts. The contract governing this type of legal relationship is known as a construction contract, and everything that occurs during its term must be interpreted in accordance with its legal provisions.

Complaint Regarding Substandard Work

In this regard, it is crucial to note that a detailed and rigorous construction contract must be drafted that addresses the issues that typically arise and provides the homeowner with legal recourse that can later be pursued in court. We do not examine this contract here—we cover it in several articles on our website—but we do take this opportunity to emphasize the importance of this contract and the need to engage a law firm with expertise in drafting this complex agreement.

Depending on the scope and type of work to be performed, a licensed professional will be required to prepare the technical plans and oversee the construction. Similarly, a building permit must be obtained; this is mandatory and varies depending on whether the project is classified as minor or major construction. This article does not address the issues surrounding this topic or the numerous court cases, which are always caused by construction work carried out without the authorization or knowledge of the City Council.

For example, very recently, one of our clients had no choice but to demolish a balcony enclosure that had been built by the previous seller, even though this had been properly disclosed at the time of the property transfer and liability for damages had been assumed. But the point of this article is that, months before the purchase, a neighbor reported this partial enclosure, prompting an inspection by a City Hall official. After verifying that the work lacked a permit, the official initiated administrative proceedings to restore legal compliance.

As we have said, lacking this prior knowledge can lead to numerous problems. Our firm has handled many cases ranging from fines and the need to apply for legalization—if possible—to demolition orders if such legalization is not possible, along with the imposition of the appropriate penalty. The City Council will not forfeit its right to demolish the structures if they are not legal, so you have been warned and must proceed with great caution.

If, in accordance with the LOE, the construction work does not require a prior technical building plan, it is sufficient to submit a affidavit which is explained in simple terms: the declaration under your responsibility to comply with the regulations for carrying out that work. All other construction projects will require an application for building permit and the submission of the relevant building plans for approval by the City Council.

Incidents

Once construction begins, there can be various causes of conflict; however, as our extensive experience has shown, delays on the part of the contractor and overcharging for work performed are typically the most common sources of conflict.

At other times, the dispute may concern the execution of the work, its quality, the materials used, and so on, but such a dispute will be difficult to resolve. It may arise when a technician is involved in supervising the work, to whose direction and control the parties will be subject, although this will occur in cases where a technical design is required.

When the amount charged does not match the work performed, problems often arise. If the contractor demands more money, the client is left unsure of what to do, accepting that they are at a disadvantage because the house is already under construction, workers are on site, and the initially planned completion date has not been met.

Often, feeling cornered, one agrees—even if only temporarily—just to finish the job; but sometimes this isn’t a good solution, and the problems grow worse before the contract is ever completed.

Our advice is, of course, to continue as long as possible until the work is completed and then file the appropriate claim; however, there are times when this isn’t possible, and that’s when you must decide to terminate the contract and take action against the contractor—even knowing that you’ll have to start over by finding a new professional, getting a new estimate, and so on. Often, there is no other solution. We aim to advise you on how to proceed in these situations.

What do I need to do to file a complaint about shoddy workmanship?

To file a claim, the most important thing is to have sufficient evidence of the contractor’s breach of contract; and for this purpose, the best option is undoubtedly to have an expert report that documents the specific quality of the work and its economic valuation, thereby determining the value of the work performed and the amount charged.

Depending on the scope of the project and the nature of the breach, we always recommend having a notarial record drawn up, complete with a photographic report documenting the condition of the project, which will correspond with the expert report and thus serve as evidence of the project’s condition when the time comes.

Given that the purpose of these precautions is to protect against potential legal claims, it will undoubtedly be necessary to issue a formal notice to the contractor detailing their breaches and warning them that legal action will be taken against them if they do not agree to a settlement.

Please be aware that in the event of a lawsuit, if we do not have evidence of the condition of the property or the defects, we run the risk that the defendant will claim they are unable to defend themselves if they are not allowed to enter the property with an expert to attempt to provide technical evidence against the claim.

When this is requested, the judge will normally grant it, and it is then that we will find that we have made it impossible for the contractor to defend itself, which will undoubtedly be used by the judge to dismiss the claim, given that the contractor was not allowed to defend themselves and it has not been objectively proven that the quality or the quantification we provided is correct.

How do I report shoddy construction work?

Our advice for reporting substandard construction work—based on our extensive experience—is to start by sending a formal notice to the contractor, setting out the reasons for the complaint and the claim. In this formal notice, the builder is warned that if they fail to comply with the contract, the matter will be resolved through legal action. The builder may remain on the job site, in which case the final solution will involve mediation with technical experts to try to reach an agreement regarding either completion or termination of the contract.

In many cases, the contractor has abandoned a poorly executed project or will do so after receiving a formal notice; therefore, it is crucial in such situations to gather the evidence we mentioned above so that you can not only file a lawsuit but also—and this is very important—hire another company to continue and complete the work.

The homeowner’s urgency to move into their home or continue living there once the renovations are complete requires great caution in deciding how to proceed.

What is clear, however, is that we must proceed with great caution because the stakes are high, and we must never lose sight of the fact that, should the matter go to court, the other party has the right to defend itself and cannot be deprived of the opportunity to present evidence in its defense; this is why it is so important to act as we have described in the previous paragraphs.