The construction abandonment by the builders is a problem that has affected a large number of people in our area. In this article we offer you a brief and clear guide to the construction abandonment: steps to follow in order to find a solution to this problem.
What is a construction abandonment?
We can say that a construction has been abandoned when the builder has definitively ceased to carry out his main work. That is, building – within the framework of a construction contract. Thus, the contractor has definitively withdrawn from the construction site.
From a legal point of view, abandonment is one of the most serious breaches that a builder can commit.
First step: confirm the abandonment.
It is important to check and confirm that the essential elements exist in order to be able to state that the work has been abandoned.
This situation can be verified with different elements: lack of security fences, absence of workers to carry out their duties, total disappearance of any construction material.
Second step: go to the notary office.
The Notary must go to the place where the construction site has been abandoned to draw up what is known as the Act of Presence (Acta de presencia). This will state the degree of abandonment of the construction. It is also interesting to be able to include photographs in this record.
The report should show the state of the machinery, materials, tools of the builder.
Third step: requesting the contractor
This is the moment to communicate with the contractor to warn him of the finding of abandonment and the lack of conformity with it. In these requirements, other information relating to the abandonment may also be added: request for termination of the contract or performance of the contract, claim for damages, compulsory removal of material, etc.
At this point, the intervention of legal professionals who know in detail how to draft and carry out these communications is advisable.
Fourth step: report from the main architect and the construction manager + certification of the work carried out
At this point, both professionals will have to draw up a report describing which units of work have been executed, the respective measurements and the corresponding settlement. They will also have to report on the surveillance and maintenance measures that have been taken with respect to the works.
Fifth step: notification of the construction abandonment
The competent administrative authorities or any other entity that may be affected must be informed of the effective suspension of the works.
Sixth step: report of suspension of work
A report must be drawn up in which, as a minimum, the following must be stated: the units of work affected on the date of stoppage. The date of stoppage of the work and its cause. The promoter’s obligation to notify the resumption of work or termination of contracts, as well as other obligations that must be carried out by the works and execution manager (documentation of the work, technical instructions, suspension of functions, etc.).
The steps we offer are intended to provide anyone who has suffered from this problem with a roadmap to begin to resolve the situation. It is always advisable to contact trusted professionals lawyers who can supervise, guide and speed up all the procedures. At White and Baos we analyse your case in detail and offer you the best solution to solve the problem. If you are in this situation, contact us.
The information provided in this article is not intended as legal advice, but simply conveys information related to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
White & Baos 2022 – All Rights Reserved.