Unfinished Construction by House Contractor: Legal Recourses

Question:

I need legal advice regarding our house contractor who left us halfway last March and didn't complete the house as per contract. What can I do?

Answer:

Review Contract Terms:

Contract Provisions: Check if the contract has clauses regarding termination, abandonment, or non-completion of work by the contractor. These clauses often dictate the course of action to be taken.
Penalties: Look for any penalty clauses for breach of contract that you could enforce against the contractor.

Legal Options:

Demand Letter: The first step is usually to send a formal demand letter to the contractor, requesting the completion of the project or return of any advance payments.
Civil Case: If the amount involved or the complexity of the case exceeds small claims, filing a civil case for breach of contract might be the appropriate action.
Contractor's License: You could also file a complaint with the Philippine Contractors Accreditation Board (PCAB) or other relevant regulatory bodies that oversee contractors.
Arbitration: If your contract includes an arbitration clause, you may need to resolve your dispute through arbitration instead of a court case.
Criminal Case: In extreme situations, you may also consider filing a criminal case for Estafa under Article 315 of the Revised Penal Code if there's clear evidence of deceit or fraud.

Document All Interactions:

Evidence: Maintain thorough records of all communications, payments, and any other interactions with the contractor to use as evidence in legal proceedings.

Consult a Lawyer:

Legal Counsel: Due to the complexity of construction contracts and the possible amounts involved, consult a lawyer for tailored advice. They can guide you on the best course of action based on your situation and the specifics of the contract.

Conclusion:

In cases of unfinished construction, several legal options exist, ranging from demand letters to civil or even criminal cases. The exact course of action will largely depend on the terms of your contract and the circumstances surrounding the contractor's abandonment of the project.

Disclaimer:

This article is intended for informational purposes only and should not be considered as legal advice. For tailored advice, consult a qualified attorney.