Contract Termination for Construction Project. Problems with a Builder or Constructor. Contractual Breach. Expert Legal Advice.

Contracts for construction work, where a construction or renovation project is agreed upon for a price, can be highly delicate. Disputes, conflicts and problems with a builder or constructor and the client can arise easily. Common issues include project delays, non-compliance with agreed specifications, discrepancies in material quality, excessive charges for extras.And also in more extreme cases, abandonment of the project by the constructor. This abandonment exacerbates the conflict even further.

Delays in Project Completion.

One of the most frequent issues in construction contracts is delays in project completion. Delays can occur due to various factors. Factors such as the constructor’s lack of planning, problems in the supply chain and with material suppliers. Also disputes over contract interpretation that can halt work, delays in obtaining licenses or permits, and weather conditions. A well-structured contract from the start, with defined penalties, is crucial to minimize risk and avoid delays. In case of non-compliance, you could claim against the constructor.

Non-Compliance with Specifications and Disagreements Over Material Quality.

Another unfortunate situation that often occurs is non-compliance with specifications. This means the work done by the constructor does not meet the technical design requirements or functionalities established in the contract and its appendices. Material quality can also be problematic, especially when supplied materials do not meet agreed standards or when there are differences in interpretation regarding the agreed specifications.

Excessive Charges for Extras.

Extras or modifications not included in the project can also lead to conflicts between the client and the constructor. Therefore, it is essential for the contract to clearly detail the procedure for approving these extras and the payment terms. A contract drafted by a construction law expert not only prevents these issues but also provides a solid foundation for resolving any conflicts that may arise.

Abandonment of the Project.

Abandonment occurs when the constructor leaves the project incomplete and ceases all activities, effectively withdrawing from the site. This can leave you with an incomplete property, lacking safety barriers, and with no security or workers on site. In such cases, it is necessary to act quickly and contact a lawyer specializing in real estate claims. You will need to request a notary to carry out a Presence Act to document the degree of abandonment, formally request the constructor in writing, and inform the relevant administrative authorities. Acting promptly is essential to claim contract enforcement or compensation for damages caused.

Additionally, in claims related to this type of contract, it is legally crucial not only how the contract is drafted but also whether the client qualifies as a consumer. If so, the especially protective regulations for consumers and users would apply.
Regarding the drafting of this contract, the client must be sufficiently protected to terminate the contract without the constructor being able to prevent it or halt the work for an excessive period until the resolution of the dispute.

At White-Baos Lawyers, we have extensive experience in resolving conflicts related to construction contracts. If you are facing disputes, conflicts or problems with a builder or constructor, or if you need to terminate a contract, do not hesitate to contact us for the necessary legal support and to protect your interests.