How much to sue a builder?

I want to claim against a builder that has completley disregarded his contract and cost me a fortune.

I suspect he will have hidden any wealth he has, but out of principal I want him sued, need to know how much legal fees will cost me. Any help, advice would be appreciated.

This is a nightmare scenario..and unfortunately one I have heard only too much of in Spain.

But, it is a fact of life there are unscrupolous builders in Britain too..and the rest of the world.

I take it that you have a solicitor in Spain, prior to making any agreements with your said builder?  And that you have got everything down in writing;..along with receipts for cash, etc.?

If not, I am afraid you have walked into the spider's web - and maybe you have been ripped off.  

If that's the case, there's not much hope of seeing your money again.  And, as for suing the builder, going down this path is a nightmare (and very costly) that could take years.

I have first hand knowledge of Community Presidents taking the Urbanisdation builder to court..with little success.  Re: faulty swimming pools, to name but just one problem.

Many communities have had to pay out of their Community coffers..to correct leaking swimming pools up and down Spain.

Hope the builder hasn't hoodwinked too many euros out of you.  Sorry for the bad news, but I speak the truth.    

 I appreciate your honest answer. 

Without going in to the whole lenghthy story, I have a signed legal agreement that he would finish my villa ( now 2 years late) at a certain time or pay me penalties. My lawyer says I can claim against him but doesn't seem too keen to go ahead as it appears the builder is hiding any assets. I want to make the builder suffer and am prepared to spend some money to make this happen but I only have a limited budget.

It really is incredible how these Shonky builders can get away with murder and not have to be accountable, even after signing a legal contract.

Thanks for your reply.

Alcaidesa.  Maybe you can go to one of the newspapers and tell them of your plight? 

It may shame the builder into doing what he said he would originally do. 

There are a lot of good journalists in Spain (Costa Blanca News) (Round Town News) (The Leader) (The Reporter) who may listen to your plight, and run a story.  Or, if these papers are not in your area, contact the local press.

As long as you have all the legal signed (by the builder) documents - and your solicitor to give some quotes too - it is worth a try.  And, you have nothing to lose.

Unfortunately, there appears to be too many cases of builders 'doing a runner' and getting away with it in Spain, and of course, in Britain.  And in turn becomes a financial and stressful nightmare.

I have friends who had the same problem, insofar in waiting over 2 years for their house to be completed (in Mojocar).

I had a builder that had 'penalties fixed into the contract', but thankfully he was early in completion (suppose I am very lucky)

I would be wary of 'throwing more money' at the issue, via a solicitor.  You state they are not 'too keen' to go ahead with matters.

Who recommended your builder?. I hope it wasn't your solicitor.  As the two work 'hand in hand' in each others pockets.  This scenario is not uncommon.  

Hope I've been of help.  Keep me posted, and I will advise, only too glad to try and get matters sorted.  Keep positive.

I only have myself to blame for the choice of builder, and he wasn't the cheapest quote.

I made sure    builder   architect   lawyer, were all strangers to each other as I had heard the collusion stories.

To complicate matters the builder is a Gibraltarian even though his company is Spanish. Should have heeded all the stories I heard.

Quote "To complicate matters the builder is a Gibraltarian even though his company is Spanish. Should have heeded all I heard about the Gibs." -

Alcaidesa I think this is a pretty unfair statement - most Gibraltarians are hardworking and honest!

Gib's only a small place and because of this they have a reputation to keep - amongst each other as well as others - it sounds like your builder in particular doesn't care about this, but most do!

I'm sorry this has happened to you, but please don't let this make you think it's typical of Gibraltarians - I know for a fact it is not!

Yes you are right, I have already edited the post.

I don't want to generalise and because I chose a Gibraltarian I think that shows I am not discriminating.

I have had a bad experience and of course naturally I would not choose to use one again. 

I am sure you are not discriminating.  Just stating a fact...that the builder was a guy from Gibraltar.

Buzylizzie - Alcaidesca has had a rough time.  As in all nationalities you will have a few bad apples in the basket.

Acky - that is exactly my point - the bad apples are few and far between in Gibraltar - with respect Alcaidesa did say before editing he should have heeded what he had heard about the Gibs - this infers all Gibraltarans are the same.

Of course all nationalities have the odd few bad apples, and I feel sorry for Alcaidesa and the trouble he has suffered, whether the builder was Gibraltarian, Spanish, English or any other nationality. Of course these things shouldn't happen.

Oh - and I never said he was discriminating!

 OK, I really didn't intend to stir things up re Gibraltarians, and apologize for doing so. It could have happened with any nationality I know that.

I have some good friends from there and worked there for a period of time. In fact the contrary I chose this guy after he pleaded that he as a Gibraltarian always got overlooked when tendering for work as he told me they did not have a great reputation, and all he needed was the opportunity .

I thought he would work extra hard and take pride in the project, and of course come in on time. I made a wrong choice thats all, but it does not give him the right to flaunt the contract. 

I have now received communication from some lawyers that I will be contacting, and hope to be able to bring this guy in front of the courts where at least he will be named and shamed, and if he has any money I will get compensation.

I wish you the best of luck and 'hope you get justice

oh - and I know you didn't mean to stir things up

I also have had same issues with delays on finish and have started legal proceedings against builder.Solicitor wanted 5,000 euro up front.!!!!!!!!!!!!!!!Best of luck to you!!!!!!!!!!!!!!!!

Nailer