Construction Lawyers and Expert Architects
Specialised in claiming construction defects or hidden defects.
Types of Defects
Construction defects are divided into 3 large groups:
Structural
Cracks and fissures affecting the structural safety of the building
Habitability
Damp, bad smells, noise, problems in garages… damage that affects the accessibility or functionality of the properties.
Finishes
Material damage to finishing or finishing elements in a newly delivered work.
Hidden defects or construction damage?
Although colloquially these terms are used interchangeably, they are not the same in legal terms, and it is necessary to know how to differentiate between them:
Hidden defects are defects that are not apparent at the time of purchasing a second-hand home. They have to frustrate the expectations of the buyer, who, if he had known about the existence of these vices, he would not have bought. They should be verified with a report prepared by an expert architect. The period to claim is very short, 6 months, according to the Civil Code and this period cannot be interrupted. It shall be claimed exclusively from the seller.
Construction damages or defects are damages found in a new construction home, which have legal guarantee periods to claim them under the Building Planning Law (1,3 and 10 years), depending on the type. Of Damage. A construction lawyer can advise you on the deadlines; Claims can be made not only against the seller but also against all those involved in construction: the developer, the builder, the quantity surveyor and the architect;
Construction Experts
An expert architect specializing in construction damages (the majority of members of our technical department also being judicial experts) will prepare an expert report on the construction defects of your home/community of owners.
By visiting the building, carrying out the relevant tests, this building surveyor will study the documentation and antecedents, finally drawing up a technical report containing a survey of the damage, with the construction defects listed, photographed and located, a study of the origin and cause of the same, a proposal with the most appropriate repair, with measurements and economic valuation, and some conclusions; All this so that it can be ratified and defended in the Courts all over Spain with the experience of our experts in building pathologies;
Construction Lawyers
A Lawyer Specialized in construction law, with this expert report will prepare a claim for construction defects very complete to claim for construction damages or hidden defects, based on the applicable legislation and jurisprudence (Ley de Ordenación de la Edificación y Código Civil) and requesting repair or compensation to those responsible for those construction defects; Afterwards, these lawyers from our legal department, who are experts and specialists in going against construction companies and developers, will defend and watch over your interests during the construction trial and the entire procedure until obtaining the sentence most favorable to your interests, also assisting you during the appeal and execution.
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Time limits for claiming defects;
Deadlines for claiming construction defects in dwellings
Depending on the type of damage, and the action to be brought, there are different types of claim deadlines:
*According to the specific construction law, the Law on building regulations (LOE). different warranty periods are established:
- of 10 years for structural damage.
- of 3 years for habitability defects.
- and 1 year for finishing and finishing damage.
Once this damage becomes apparent in this period and is proven by an expert’s report or an injunction, there is a period of 2 years from then to sue those responsible for the construction (architect, quantity surveyor, builder or developer);
*And then there is the action of art. 1.101 of the Civil Code (contractual liability) for not having delivered the property in a suitable condition for its use, which can be exercised against the developer or the person responsible for construction who is a contractual party. The time limit to sue, if the property is new, is 5 YEARS;
How to claim for constructive damages?
1) CONTACT -> FEASIBILITY STUDY OF THE CASE
The client (owner of a single-family house, neighbour, president or administrator of a community of owners), contacts us and then we ask for information in order to first study the viability of the matter (free of charge);
2)- BUDGETING, ACCEPTANCE AND PREPARATION OF EXPERT OPINION
In the event that the issue is legally viable, we will issue a quote for the preparation of an expert report, with the technician travelling to visit and prepare the report;
3)- REQUESTS AND JUDICIAL DEMANDS
Once the report has been finalised, and the types of damage, their cause, their economic valuation and the responsibility for them are known, the legal department will prepare an injunction and/or a legal claim against those responsible for the construction; Likewise, prior to any out-of-court action or injunction, we will provide an estimate and an order form from the legal department, so that the client knows exactly how much the costs of the procedure may be.
What right do I have to sue for a construction defect?
You should know that you, as the owner of a property, are covered by two regulations in order to be able to claim for construction defects in your property:
*the Law on Building Regulations. The LOE is applicable for all buildings for which a building permit was applied for after May 2000 (before this date the Civil Code, with its former article 1591, was applicable, and there was a generic 10-year term);
The LOE establishes in its article 17 different guarantee periods (in which the damages have to be manifested): ten years (structural damages), three years (habitability defects) and one year (finishing defects), respectively and once these damages are manifested in this period and accredited by an expert report or/and a requirement, there is a period of 2 years to exercise the action; These actions can be directed against the builder, architect, quantity surveyor (depending on the liability of the damage) and can always be directed against the developer, who is jointly and severally liable;
*And then there is the action of the art. 1.101 of the Civil CodeThe developer, because it is not just another construction agent, it has a contractual responsibility, as it is the seller of the houses, and therefore, it is obliged to deliver the houses free of construction defects; This action can be directed against the developer-seller, but in the case of self-promoters, they can also direct the action against the persons they contracted (architect, quantity surveyor, builder ….)-
Both actions can be exercised jointly, or either of them can be chosen; It all depends on the type of damage, the time frame in which it is found, or against whom the action is directed;
Other issues to be taken into account
What happens if the time to complain has run out?
As we have said, if the legal deadlines for claiming construction defects have passed according to the Ley de Ordenación de la Edificación; for being the damages of finishes (1 year) or habitability (3 years) there is still the possibility that you can sue the promoter as the seller of the property for contractual liability, whose term is between 15 to 5 years;
It may also be that before the end of the warranty period the statute of limitations has been interrupted by an injunction and that there is more time to make a claim; Please contact us so that we can advise you whether or not you are still within the deadline;
How to act if more houses are affected?
If your home is in a community of owners, it is likely that the construction damage is widespread, since if it was poorly designed, or poorly executed, it is normal that the damage (cracks or leaks) are repeated throughout the urbanisation and homes;
In this case, it is best to have an expert report drawn up with a survey of the damage throughout the building in order to file a “class action”, if necessary, claiming all damages in both private and communal areas; It will be in your best interests and it will also be cheaper for you, both for the expert’s report and the legal claim;
Can I hire an expert report first and then a lawyer?
It is best to have the expert’s report drawn up by specialist architects who draw up the most appropriate report and who are co-ordinated from the outset by lawyers who specialise in construction damage claims, such as those in our firm; However, although DPcon S.L. offers a global service (drafting of the opinion and legal claim) we can also offer you both services individually and separately;
Can I claim if I am a self-promoter of a property?
Of course; As a self-builder, you will have contracted an architect, a quantity surveyor and a construction company to carry out the work on your detached house; On the basis of these orders and the payment of their fees, you can hold them liable for having built a damaged building;
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