The heavy stuff ! - Everything relating to legal, financial or procedural questions that affect your life in Spain

Legal claim on Builder

Postby MarionBruce » Fri May 04, 2012 8:05 am

I contracted a local Builder last summer to repair the roof to my Naya, but if anything they made the leak worse and have refused to come back and rectify the problem. I paid 600 Euros for this to be done and don't think that it is unreasonable for them to come back and do the work that I paid for them to do. Is there any action that I can threaten them with before I go as far as taking some kind of legal action against them ?
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Re: Legal claim on Builder

Postby MitchTheBuilder » Fri May 11, 2012 5:05 pm

Was your builder working for you legally ?
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Re: Legal claim on Builder

Postby MarionBruce » Sun May 13, 2012 12:08 pm

MitchTheBuilder wrote:Was your builder working for you legally ?


I'm not sure what you mean ? How can I check this ?
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Re: Legal claim on Builder

Postby MitchTheBuilder » Mon May 14, 2012 8:24 am

Was your builder an SL Company or Autonomo ? Did he provide you with a written quote or estimate, or invoice when the job was completed ? - In other words does he pay his taxes, or does he work in teh black and therefore illegally ?
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Re: Legal claim on Builder

Postby MarionBruce » Wed May 16, 2012 9:18 am

The builder never discussed method of payment until after he had completed the work, and then asked for cash. Is this a problem ?
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Re: Legal claim on Builder

Postby MitchTheBuilder » Thu May 17, 2012 9:12 am

MarionBruce wrote:The builder never discussed method of payment until after he had completed the work, and then asked for cash. Is this a problem ?


Then the builder is not paying his taxes and is working illegally. It is as much your responsibility (in the eyes of the law) NOT to employ such a contractor, as it is the builder himself, so by taking any legal action you would be making yourself liable for prosecution aswell.
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Re: Legal claim on Builder

Postby Tyler » Wed May 23, 2012 6:37 pm

So what you are basically saying is that Ignorance is no excuse for breaking the law ? : If a householder engages the services of a tradesman working in the black, they are basically on their own ?
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Re: Legal claim on Builder

Postby MitchTheBuilder » Sat Jun 09, 2012 12:57 pm

Tyler wrote:So what you are basically saying is that Ignorance is no excuse for breaking the law ? : If a householder engages the services of a tradesman working in the black, they are basically on their own ?


Yes.
Under these circumstances the Householder is just as guilty of breaking the law as the 'tradesman'. Businesses like this who trade legally will of course cost a little more, because they have to pay taxes, insurance, NI contributions and licences etc... but at least the householder can draw a little peace of mind that they are at least accountable.

Anyone engaging a tradesman working 'in the black' should be aware that (as with so many things in life) you get what you pay for !
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