Legal advice for construction and refurbishment companies
Construction is a sector where the margin is decided in the details of the contract and in the ability to collect on time. A project can be carried out to perfection and still leave losses if the contract was badly drafted, if unforeseen cost overruns appear or if the developer delays payments. At BBM Abogados we have been advising construction, refurbishment and building companies in Santander and Cantabria since 1990, supporting them at every stage of the project.
It all starts with the works contract. Fixed price or cost-plus, deadlines, penalties for delay, treatment of variations and unforeseen work items, warranties and retentions: each clause can become a front for conflict. We draft and review your contracts and obligations so that the allocation of risks is clear from the outset and you don’t end up arguing over every unforeseen event before a judge.
Liability for defects and recovery of unpaid debts
Liability for defects is one of the particularities of the sector. The Building Regulation Act (LOE) establishes staggered warranty periods according to the severity of the damage, culminating in ten-year structural liability for defects affecting the stability of the building. Knowing who is liable within the chain —developer, builder, designer, project management— and for how long is essential both if a claim is brought against you and if you have to bring one. We advise you on construction law with the technical backing needed to defend your position.
The other major problem is non-payment. Interim payment certificates and invoices that the developer or main contractor doesn’t settle can trigger a domino effect on your cash flow and that of your suppliers. We act quickly to recover the debts by the most effective route, documenting the works carried out to reinforce the claim. Remember that, since 2025, before suing in civil matters you must attempt an appropriate dispute resolution method (MASC), a step that we handle entirely.
Subcontracting, accidents and insolvency risk
Subcontracting is common in construction, but it carries liabilities: obligations to monitor the chain, joint and several liability in employment and Social Security matters, and documentary requirements that should not be neglected. We review your subcontracting contracts to limit your exposure.
Linked to this is the most delicate chapter: workplace accidents. An incident on site can lead to administrative, civil and even criminal liability, in addition to a surcharge on benefits for the company. If it happens, we assist you from the very first moment and take on your defence in matters of workplace accidents, reviewing compliance with risk prevention.
Finally, when the late payment along the chain threatens the company’s viability, you have to act before it is too late. We recover what you are owed and, if insolvency is inevitable, we analyse whether it is worth resorting to insolvency proceedings to order the situation and protect the business.
Do you need to shore up a works contract, recover a certificate or defend yourself against a defect claim? Tell us about your case with no obligation or call us on 942 36 10 48.
