June 06, 2025
In our law office, we often encounter inquiries from clients who have problems with contractors. The scenario is almost always similar. Contractors do not fulfill their obligations. They don’t answer calls, don’t meet agreed deadlines, and generally don’t stick to agreements. An additional problem is the frequent insistence of contractors on performing works without a contract and without issuing an invoice. Payment is then usually requested in cash, with the argument that this way of working is cheaper for both parties.
Although such an informal agreement may seem tempting due to the lower price, it puts you at an extreme disadvantage as a client. Without clear written traces, proving any irregularities becomes almost impossible. Given that this is a burning problem for many, in this blog we bring key guidelines and instructions on how to legally protect yourself from unscrupulous craftsmen and ensure that your investment is safe.
1. A written contract or agreement is the basis for protection
The most important step in protecting your interests is to formalize the agreement. Describe the subject of the work in writing. The best solution is to conclude a contract for work. It precisely lists all items: a description of the work, the materials that will be used, the deadlines for completion and the price. If the contractor is not willing to sign the contract, insist on a written offer with a detailed job description and prices.
Even if you don’t have a formal contract, written communication via email or apps like WhatsApp can serve as proof. It is important that the correspondence clearly shows what exactly has been agreed. In this way, in the event of a dispute, you will be able to prove beyond doubt which works you have commissioned and under what conditions. Always ask to be issued such a written offer.
2. Pay exclusively on bank account
Avoid paying in cash. By making such a payment, you put yourself at risk of not being able to prove later that you have fulfilled your obligation. The safest way to pay is to make a payment to the bank account of the master or his company. A bank statement serves as irrefutable proof that you have paid a certain amount of money for specific works or services. This protects you from possible later claims.
If you are nevertheless forced to pay in cash, be sure to draw up a written acknowledgement of receipt of the money. Please specify the exact amount, date and purpose of payment in the receipt. It is crucial that the master signs such a certificate in his own hand. Also, ensure the presence of at least two witnesses who can, if necessary, confirm in court that you have handed over the money. Please note that by paying “illegally” you are potentially committing a misdemeanor or criminal offense, depending on the circumstances, so check the legal consequences of such arrangements.
3. Arrange payment dynamics wisely
Never pay 100% of the amount in advance. Such a request is often a sign of unprofessionalism and potential fraud. Agree on the terms of payment in such a way that you pay as little as possible in advance. The advance should serve exclusively to cover the initial costs of material procurement.
The best practice is to agree on payment in phases, according to the progress of the works. Pay most of the amount, especially the final installment, only after the handyman has fully done the work. Before the final payment, inspect the work carried out in detail. Make sure that everything is done according to the agreement and that there are no visible defects. Only then pay the remaining amount.
4. What happens when the handyman stops replying?
It is a common scenario that the craftsman simply disappears after making an advance payment. He stops answering calls, and the works are unfinished. If you have followed the instructions above, you have a good chance of getting your money back and even getting compensation. Your written communication and proof of payment are now becoming crucial.
In such a situation, you need to act quickly and decisively. Send a written notice to the master, using the previous communication channels (e-mail, WhatsApp), in which you inform him that you are unilaterally terminating the contract due to the violation of contractual obligations and deadlines. In the same message, request a refund of the entire amount paid. If he does not respond or refuses to return the money, the next step is to file a lawsuit through a lawyer. Court and lawyer costs, along with statutory default interest, are often enough incentive for an unscrupulous contractor to agree to a peaceful resolution of the dispute.
5. What if the works are of poor quality?
If the contractor “screws up” the works, i.e. performs them unprofessionally and contrary to the rules of the profession, the most important thing is to make quality evidence secured. Your word against him in court will not be enough. The most legally sound way of securing evidence is through court securing evidence or by hiring a notary public to draw up a record of the established facts on the spot.
If you don’t have time for court proceedings, there is an alternative. It is recommended to make a detailed video and photo record of all defects. Capture everything up close and from different angles. Hire a third, impartial expert, such as a certified court expert or supervising engineer, to review the papers and draw up an expert report and opinion. Such a document, together with your recordings, will be strong evidence in a possible court proceeding for damages.
If you need an attorney to deal with your contractor problem, feel free to contact us at: