Should the defendants themselves repair the construction defects?

Should it be the defendants themselves who put right what they did wrong?

In proceedings to claim for construction defects, when the defendants (whether Architects, Quantity Surveyors, the Developer or the Building Contractor) have no case and fear they will lose, they ask the Judge that, at worst, they should only be ordered “to carry out the repairs themselves, until the causes of the damage have been eliminated”, as the law allows.

This is a strategy or trick designed to gain an advantage. And if it is done that way, things end up going wrong. That is why you need to get ahead of it.

You should ask for them to be ordered to hire the services of an independent Technician or technicians to draw up a repair project; the technician or technicians must be appointed by the court, and the parties ordered to pay must then carry out the works in accordance with that project, until the property is left in proper conditions of use, habitability and safety, all within the period determined and set in the Judgment.

Let us not forget that the damage whose repair is being claimed is due solely and exclusively to the POOR PROFESSIONAL WORK of the Architect, Quantity Surveyor or Developer, and it would be illogical, inconsistent and unjustifiable (as our Supreme Court reasons) for the Owner or the homeowners’ association to have to tolerate and accept repair works carried out on the basis of a Project and/or site management “once again by the same professional, or the same professionals, who have shown that they were not capable of doing it properly in the first place, or by an Architect appointed by them”.

However, a new Architect directing the works will take care to direct the repair of the damage properly, especially if appointed by the Judge, and to leave the property in proper conditions of use, habitability and safety within the period set when the Judgment is enforced. After all, it is this Architect who will then be liable for any poor work.

This is what we at DPcon S.L. have been doing for quite some time, with excellent results. If you have any questions, contact us.