A work abandonment is a situation that can easily happen in any renovation process. Many of those who have had this inconvenience do not know how to solve it without knowing that the law protects them. In these cases, the first thing to do is to act calmly and follow a series of steps.

The abandonment of work can occur in home, institutional or business renovations, so the law offers some measures to solve the problem. Any company may abandon the reform process without explanation and this may be punishable by law. Here you can find out what to do in these cases.

What is a construction abandonment?

The abandonment of a construction site is when the construction company ceases its construction work. You can quit at the beginning or in the middle of the job. This is against the law, as the construction company is in breach of a contract established by its employer.

In this case, the contracting party has every right to make a claim against the construction company. In the event that she decides to abandon her work, the correct thing to do is to notify the contractor(s), as this may be considered misconduct on the part of the contracted company.

Steps to be taken in the event of abandonment of work

If your company has committed abandonment of work, you must follow these steps:

1. File a claim with the company

The first thing to do is to remain calm and contact the company to make the claim. It requests an explanation from the latter so that a valid agreement can be reached. If the company does not give in, avoid making further claims before seeking legal help.

2. Gather evidence

Save screenshots of WhatsApp chats and emails to show before the notary. This way you will have a way to substantiate your claim without the company being able to deny you.

3. Go to the notary

This must enter the site where the abandonment of the work has been committed, so that a Record of Presence can be drawn up. There it will be possible to testify to what level the work has been left. This document should also contain photographs, to provide further evidence of the case.

In addition, valuable information such as the condition of tools, machinery and conditions of the builder’s work area should be attached. This is essential to further establish the claim.

4. Communication with the contractor

At this stage, the notary must communicate with his client to notify him of the verification of the abandonment of the work. It is also possible that the notary may require other elements such as a request for contract performance, claim for damages, request for removal of material, etc.

5. Report of the project managers and completion and certificate of work completed.

At this point, the executors of the work must specify in a report which works have been completed, the corresponding measurements, as well as their respective settlements. Likewise, the maintenance and surveillance measures related to the works should also be specified.

6. Notification of abandonment of work

The next step is to notify the associated administrative entities and others that may be affected by the situation. It is very important that everyone is aware of the cancellation of the work.

7. Cancellation of the work

The last thing to do is to draft minutes that at least state the following:

• Parts of the work affected during the suspension.
• Date of suspension and causes.
• The notary’s duty to report the reactivation of the work or the termination of the contract.
• Duties to be fulfilled by the person in charge of the work (detailed information on the work, technical instructions, cessation of work, etc.).