# Advice needed please!



## cricketmanpeter (Oct 5, 2014)

We need advice.

We have a problem with a builder. His work is substandard and unsafe.

On advice from our lawyer, we have sacked him and been told to employ another builder to rectify and make safe. Payment to the original builder is to be withheld until work complete.

The builder says under portuguese law, he can enter our property and remove his work to date.

Has anyone any advice on this.


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## MrBife (Jul 26, 2009)

You need to firstly get some independent professional verification of your complaint. In this case your word or opinion is not enough as you are party to the transaction.

Before things escalate it would be advisable to get an independent report done by a professional RICS qualified surveyor.

You are then obliged to give the original builder the opportunity to rectify any issues and give him a deadline to do so. Only after that can you take further steps.

His materials on site still belong to him and work done to date can be charged UNLESS you can conclusively PROVE negligence.

He is of course a registered builder with a licence ? (Alvara) So he carries insurance against such issues and you have recourse to mediation via that contract.

I guess the Engineer that was supervising the works was asleep too so you have recourse to him and his company.


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## cricketmanpeter (Oct 5, 2014)

Thank you for your help, advice and support.

We will take appropriate action.


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## Centralbound (Aug 16, 2013)

Photograph everything he has done in detail, good and bad, before you let anyone else touch the work. Make sure he knows, in writing from the lawyer, that he can't enter the site without your permission.

You don't say whether the work is small works licence, full project or whether there is an enginheiro supervising.


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## cricketmanpeter (Oct 5, 2014)

This builder has been told to come and remove his tools tomorrow. They will be outside of our propert gates. He has threatened he is bringing 6 others to demolish the plaster boarding, electrics(1st fix) and plumbing( which we brought in from the UK) at his request. He has a key to the building he is working on. 

What we need to know, can we stop him from entering the property?. We are acting on advice from our Portugeses lawyer. 

We have notified the GNR, after the battery of threading emails.


We have taken photographs, when we went for advice from the lawyer, on what he saw in the photographs. He said sack him.


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## Centralbound (Aug 16, 2013)

You can prevent entry, and make sure he can't get in the door he has a key for. Big step for him to break in. And the status of the works, enginheiro, project?


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## cricketmanpeter (Oct 5, 2014)

Good morning 

A quick up date. The builder never arrived to pick up his equipment/goods. After a barrage of threatening emails. He has now backed off and is asking for a financial settlement figure. We have until this Friday to accept. His latest email is now with our lawyer, we now wait for his advice. 

Thanks for all your help and advice. Believe me it was a lifeline at this very stressful time and very much needed.


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## robc (Jul 17, 2008)

cricketmanpeter said:


> Good morning
> 
> A quick up date. The builder never arrived to pick up his equipment/goods. After a barrage of threatening emails. He has now backed off and is asking for a financial settlement figure.


Talk to your Lawyer about a declaration of responsibility.
This should be the very minimum he signs before you even let 1 euro pass from you to him.

HTH and GoodLuck

Rob


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## cricketmanpeter (Oct 5, 2014)

Thanks for all your help and advice. Believe me it was a lifeline at this very stressful time and very much needed.


Just to update you, after enduring countless threats. The rogue builder must have realised he had been caught out. He suggested a settlement figure. We collated what was owed and included the electricians money owed then ran it by our lawyer. Our lawyer felt we had been more than fair.

We still owe the rogue builder a small amount , withheld until we have a copy of the woodwork treatment certificate and he removes all his goods. They were supposed to have been removed on the 1.2.16, He was paid to treat the whole house for woodworm.

He has now had his money less the small amount. Below is a copy of the latest threat.

*Well I now had last laugh edp informed we no longer working your property you have one month to produce certificate from portugies reg electrician before they cut off supply I have informed camra about annex no license in place also about blue house need project you still owe xxxx for work he did privately for yourself, I have told gnr your vehicle all illegal no insurance o and icing on cake all materials brought from start of annex all in xxxx name and fiscall no that's what you get for treating people like dirt 

Have a nice life 
*

Names taken out to protect the innocent. 

The moral of the story. Get genuine recommendations, make sure your builder is registered and have proof of licences etc. No matter how nice they seem, its all a con to get your money


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## travelling-man (Jun 17, 2011)

The obvious answer to that is to shop him to the taxman because he insisted on cash payments & has failed to give you the promised receipts............


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## Happy-Author (Feb 14, 2016)

If he is a legal builder he would have to have a complaints book, this is covered under Portuguese laws: Decree-Law n. 156/2005, of 15 September which was amended by decree-Law nº 371/2007 of 6 November, it is mandatory to have a complaints book. If he is illegal, then he should not have carried out any work on any property that needs planning without an Adviso notice, this shows he has full insurance and he complies as a registered builder. The Adviso is normally placed outside of the property for public display.You do not need planning permission for all interior works, if you are renovating a building (not a ruin) then you can obtain a cleaning license from the local Camara. The worse that could happen is you are asked to submit a project for works you plan to do,works that have been carried out are hard to prove unless the camera come around and catch you doing the work. So get anything painted ASAP. Regarding the builder he can be reported for not having a license and also to the fiscal dept for not giving receipts, you can also ask him for his complaints book if he refuses it is a police matter and he will be cautioned and reported, so don't be afraid to go to the police as they will act on your behalf. Getting a lawyer involved will be very expensive expect to pay around €1000 for them to sort out something you could do yourself.


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