Baja Property Insider · Building · Stage Worksheet

A problem has surfaced

Last reviewed September 2026 · bajapropertyinsider.com

Work has stalled, costs have jumped, quality is disputed, or a permit issue has appeared. Before acting, get the facts and the contract in front of you.

What usually happens next

1. 01 — Document the current state: photos, dates, payments made, work completed.

   Before anything is argued or fixed, record where things stand: dated photos of the site, a payment ledger, and a list of what is complete against the contract stages. If the dispute escalates, this record is your evidence; if it resolves, it is what made resolution quick.

2. 02 — Re-read what the contract says about this exact situation.

   Delays, defects, cost overruns and suspension of work are usually addressed somewhere in the contract. Read those clauses before the first difficult conversation, so you are discussing the agreed remedy rather than negotiating from memory and frustration.

3. 03 — Establish whether the issue is technical, contractual, or regulatory.

   A technical problem (the work is wrong) is proven by an independent inspection. A contractual problem (someone did not do what they agreed) is proven against the contract. A regulatory problem (a permit or inspection issue) is resolved at the municipality. Each has a different fixer — sending the wrong one wastes the months you can least afford.

4. 04 — Get independent advice before signing any settlement, release or new payment schedule.

   Resolutions proposed mid-dispute are drafted to close the matter on the proposer's terms, and releases signed for a partial fix can waive the rest. Before you sign anything — or dismiss anyone — have independent counsel read the proposal and the contract's termination clause together.

What to watch for

• Paying more to restart work without a written agreement covering the rest.
• Dismissing a builder without following the contract's termination steps.
• Unregistered workers on site, which can create liability for you.

Papers and people

• Who is involved: Attorney · DRO · Independent inspector · Municipality
• Documents that show up: Contract and change orders · Payment records · Inspection reports · Correspondence

Notes

Gerardo Sánchez Aramburu

Independent Attorney Partner

Some steps on this sheet are judgment calls, not paperwork. When one of them turns out to matter for your transaction, an independent Mexican attorney is the right next reader — someone answerable to you, not to the deal. Gerardo works directly with foreign buyers and owners in Baja California Sur, in private 30-minute consultations.

Book directly: bajapropertyinsider.com/legal-guidance

Sources and last reviewed

Last reviewed September 2026. Laws, rates, and municipal requirements change. Treat this page as a starting point and confirm anything you intend to rely on with your notario or an independent Mexican attorney.

• Article 27, Constitución Política de los Estados Unidos Mexicanos — Foreign nationals cannot hold direct title inside the restricted zone; the bank trust exists because of this article.
• Municipal planning and land-use offices, Baja California Sur — Land use (uso de suelo), construction licensing, and permit requirements differ by municipality.
• Ley del Notariado para el Estado de Baja California Sur — Defines what a notario must verify, certify, calculate, and file for a property transfer.

A finished checklist is a well-prepared file, not a verified transaction. Baja Property Insider — bajapropertyinsider.com