What remedies exist when a contractor delays a construction project in Mexico and stops communicating?

Legal assistance regarding construction delay / Breach of contract in Mexico

Dear:

I have reviewed your inquiry regarding the construction delays and lack of communication from your contractor. This is unfortunately a common issue in Mexico, but there are specific legal steps you must take immediately to protect your investment and avoid liability before hiring a new contractor.

Here is the recommended course of action based on Mexican Civil Law:

1. Immediate Steps (Protective Measures)
- Stop all payments: Do not advance any more funds, regardless of their demands, until the legal status of the contract is resolved.
- Notarial Certification (Fe de Hechos): Before you hire someone else to finish the job, it is critical to hire a Mexican Notary Public to visit the site and issue a "Fe de Hechos." This document certifies the current state of the abandonment and the percentage of work actually completed.
Why this matters: If you finish the work without this evidence, the original contractor could later sue you for "unpaid work," and you would have no proof of what they actually failed to do.

2. Enforcing Performance vs. Termination Under the Civil Code (Federal and Local for Mexico City), you generally have two options:
- Specific Performance (Cumplimiento Forzoso): You sue to force them to finish. In practice, this is rarely advisable for residential renovations as the trust is broken and quality often suffers.
- Rescission (Rescisión): You sue to legally terminate the contract due to their breach (incumplimiento), requesting the return of unearned money and payment of damages (daños y perjuicios).

3. Civil Court vs. Arbitration
- Civil Court: This is the standard venue. It can be lengthy, but it allows you to freeze assets or claim damages effectively if the contractor has solvency.
- PROFECO (Consumer Protection): If the contractor is a registered company or individual providing services to consumers, we can file a complaint with PROFECO. This is an administrative process that is faster and encourages settlement, though it has caps on damages.
- Arbitration: This is only an option if your contract contains a specific arbitration clause. If it does not, we cannot force arbitration; we must go to Civil Court.

Next Steps: To give you a specific strategy, I need to review the contract (if written) or the evidence of the agreement (quotes, WhatsApp messages, proof of payments).

I am available to review your documents and guide you through the Fe de Hechos process to secure your property.

Best regards,