It's been late for months. The contractor shows up, promises, vanishes. You can hold them to a deadline.
You agreed a deadline. It passed. Now you hear "tomorrow", "next week", "as soon as the materials arrive". This week looks identical to last. Under Civil Code art. 808, a formal notice — what Portuguese law calls an interpelação admonitória — with a reasonable deadline turns indefinite delay into definitive breach, and opens three doors: force completion, terminate the contract, or claim damages.
Free · Not legal advice.
Is this you?
- You agreed 3 months. You're in month eight. At least two more to go.
- An entire week with nobody on site. "There's a problem with the material, but we'll sort it."
- The contractor says they need another €5,000 to finish. That wasn't agreed.
- The crew stopped showing up. One of them told you they hadn't been paid in two months.
- You've paid 80%. The work is at 50%.
How Portuguese law converts a delay into definitive breach
The Civil Code distinguishes between delay (mora) and definitive non-performance. A contractor in delay can still cure; a contractor in definitive breach opens the door to terminating the contract and claiming damages.
The transition between the two happens through an interpelação admonitória (CC art. 808). To be valid, it must contain six elements:
- Identifies the contract and the parties
- Describes the delay or the failures
- Demands performance — completion of the works, specifying what's missing
- Sets a reasonable deadline — for substantial completion, 30 days is standard practice (15 days for isolated defects); doctrine recommends not going below 8–10 days
- Warns explicitly: "failing which, on expiry of the deadline without performance, the obligation will be considered definitively non-performed under art. 808 of the Civil Code"
- Reserves all rights
Without these 6 elements, the letter is not legally complete. With them — and sent by registered mail with proof of receipt (CC art. 224) — it has full legal effect.