Can you repair the damage first and then claim the invoices?

Compensation for breach of contract

In some cases a building has a multitude of construction defects (damp, hairline cracks, various workmanship defects…) which, because they are urgent and to prevent them from getting worse, need to be repaired immediately, without waiting for lengthy court proceedings.

Spanish law allows this: the damage can be repaired and the invoices claimed afterwards by seeking compensation under articles 1101 and 1124 of the Civil Code, to restore the creditor’s financial position following the loss suffered as a result of that breach.

The drawback is that you need proper advice before doing anything, because once the damage has been repaired it can no longer be proved, nor can its cause be established, and if this is not done correctly the invoices cannot be claimed afterwards.

That is why, before any repair, it is necessary to obtain an expert report and/or have a notarial record drawn up (depending on the case) to prove the damage exists, and to send a formal demand to the party you intend to sue, so that they can inspect the damage and/or repair it before anything is done (otherwise they would be left seriously defenceless).

In addition, the items invoiced must match those set out in the report, as must their amounts, and the companies carrying out the repairs must be willing to confirm them at trial.

Even so, it is advisable for all of these steps to be supervised by a professional, because once the building element has been altered there is no going back, and the burden of proof lies with the claimant (both as to the existence of the defect itself and as to the defendant’s liability for it). If these points are not sufficiently proved, the claim will not succeed.

Do not hesitate to tell us about your case. We will be delighted to help you.