Cracks caused by settlement of the foundations
If cracks appear due to movement of the structure, it is because the calculations were not done correctly.
If various sizeable cracks and hairline cracks appear in your home, they are not acceptable and are not the result of the “structure settling in”. These defects can be avoided if the design is correct, and the argument that movements in the structure, and therefore the appearance of the cracks affecting the building, could never be avoided is not acceptable, because there are mechanisms to prevent this kind of crack from appearing. All the more so if they are due to settlement of the foundations.
What is the architect’s liability?
The architect’s liability is determined not by what the regulations lay down but by preventing excessive movements of the structure that may cause cracks, the architect being liable not only for deficient design and technical supervision of the execution of the project, but also for his obligation to study and know the geological and geotechnical conditions of the ground on which the building is to be built.
Differential settlement of the foundations can occur for various reasons: an inadequate foundation system, inappropriate use of a structural system without sufficient rigidity to withstand the different loads and so achieve uniform settlement…
However, what matters is not the cause but the fact that the HOME HAS SETTLED differentially, and this means that, whatever the reason, what is clear is that the foundations designed were not suitable for the ground conditions on the site. Failing to take the ground conditions into account, when this leads to settlement or slippage of the building or damaging landslips, necessarily implies a defect in the ground.
That is why, if cracks appear in your home as a result of settlement of the foundations, the architect who drew up the design will have to answer for it, since his fundamental obligation is to study and know the geological and geotechnical conditions of the ground on which the building is to be built.
www.dpcon.es
Related articles
Drain smells and home drainage systems: why your home smells of sewage and how to claim if it is a new build
A sewage smell at home is one of the most unpleasant problems a property can have. It causes real concern because it is seen as something difficult to fix. That is not quite the case, but when it appears in the bathroom, in the kitchen or next to the washing machine,...
Structural Damage and Building Pathologies: What They Are, Examples and How to Claim Against the Building Contractor or Developer
A crack that widens every winter, a door that suddenly no longer closes, a floor slab that sags or a garage with spalling concrete and exposed reinforcement. Behind many of these symptoms lie structural damage and building pathologies: defects that originate in the...
Building contractor ordered to pay over €25,000 for defective flooring in a home
The Civil Division of the Court of First Instance of Jaén (Tribunal de Instancia, Plaza nº 3) has handed down Judgment no. 396/2026, dated 29 September 2026, fully upholding the claim brought by the owners of a home against the building contractor responsible for the...
DON’T HESITATE TO CONSULT US!
CUSTOM BUDGETS
0 Comments