If the renovation work was done without a contract or an invoice, can I claim?

Question

José Manuel Alburquerque · Accepted Answer

Yes. A building contract agreed verbally is as binding as a signed one. The fact that the firm did not give you an invoice does not take away your right to claim either. The difficult part will be proving what was commissioned, what price was agreed and what was done badly, but any evidence will do, such as messages, emails, unsigned quotes, bank transfers, photos or witnesses. Paying in cash does not prevent you from claiming, but if you paid 1.000 euros or more in this way, the payment was prohibited and the fine also applies to the person who pays. How to prove what was agreed and done Gather everything that shows what was commissioned, how much was paid and how the work turned out: Messages on your mobile and emails about the work, the price or the defects. Do not delete them and keep a copy somewhere other than your phone. The quotes, even if they are not signed. Also any notes or sketches from the firm. Bank transfers, receipts and bank statements. Before, during and after photos. Witnesses, such as a neighbour, the building's managing agent or anyone who was there. A report from a technical expert or quotes from another firm stating what is wrong and how much it will cost to put right. Also find out the full name of the firm or the self-employed professional, their tax identification number and their address, which sometimes appear on bank transfers or quotes. Without those details it is hard to sue. If, in addition, the firm has no assets or insurance, getting paid may be difficult even if you win. The invoice and cash payment The firm was obliged to give you an invoice. The fact that it did not does not prevent you from claiming. Ask for it now in writing, because the request and the reply will also serve as evidence. Cash payment calls for more care. When one of the parties is a business or a self-employed professional, the law prohibits paying 1.000 euros or more in cash for a single transaction, adding together all the payments into which it has been split. The fine is 25 % of the amount paid in cash and both the payer and the payee are liable for it. Anyone who reports the payment to the “Agencia Tributaria”, Spain's tax authority, within the three months following the payment, giving the amount and the other party's details, is exempt from the fine, provided that the other party has not reported it first. If you paid in this way and intend to use that payment as evidence, take advice first. How to claim Send the firm a written claim by a means that leaves a record, such as a “burofax” (a certified letter with proof of content). Describe the defects, attach photos, give it a deadline for repairing them and ask it for its insurance details. Before suing, the law requires you to try to reach an agreement, for example through a written proposal to negotiate or mediation. If you are claiming up to 2.000 euros, you can sue without a lawyer or a court agent (“procurador”). The time limits are the same as with a written contract. In Catalonia, in principle ten years from when you become aware of the defect. Outside Catalonia, five. If the work needed a permit from the town council and none was applied for, there may also be a planning problem.