{"id":10532,"date":"2019-03-11T12:42:44","date_gmt":"2019-03-11T12:42:44","guid":{"rendered":"https:\/\/dpcon.es\/cracks-in-a-new-home-is-it-normal\/"},"modified":"2019-03-11T12:42:44","modified_gmt":"2019-03-11T12:42:44","slug":"cracks-in-a-new-home-is-it-normal","status":"publish","type":"post","link":"https:\/\/dpcon.es\/en\/cracks-in-a-new-home-is-it-normal\/","title":{"rendered":"Cracks and hairline cracks in a new home: is it normal to have them?"},"content":{"rendered":"\n\n\n[et_pb_section fb_built=”1″ _builder_version=”3.21.4″ use_background_color_gradient=”on” background_color_gradient_start=”#f7f7f7″ background_color_gradient_end=”#f9f9f9″ background_color_gradient_direction=”262deg” custom_padding=”40px|0px|7px|0px|false|false”][et_pb_row custom_padding=”4px|0px|0px|0px|false|false” custom_margin=”||0px” _builder_version=”3.21.4″][et_pb_column type=”4_4″ _builder_version=”3.21.4″][et_pb_text _builder_version=”3.21.4″ text_font=”||||||||” header_font=”Playfair Display|700|||||||” header_font_size=”40px” header_line_height=”1.1em”]

Cracks and hairline cracks in a new home: is it normal to have them?<\/h1>\n

<\/h1>\n[\/et_pb_text][et_pb_text _builder_version=”3.21.4″ _dynamic_attributes=”content” custom_margin=”0px||” custom_padding=”0px||”]@ET-DC@eyJkeW5hbWljIjp0cnVlLCJjb250ZW50IjoicG9zdF9kYXRlIiwic2V0dGluZ3MiOnsiYmVmb3JlIjoiIiwiYWZ0ZXIiOiIiLCJkYXRlX2Zvcm1hdCI6ImRlZmF1bHQiLCJjdXN0b21fZGF0ZV9mb3JtYXQiOiIifX0=@[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section][et_pb_section fb_built=”1″ _builder_version=”3.21.4″ custom_padding=”2px|0px|15px|0px|false|false”][et_pb_row custom_padding=”12px|0px|18px|0px|false|false” _builder_version=”3.21.4″][et_pb_column type=”4_4″ _builder_version=”3.21.4″][et_pb_text _builder_version=”3.21.4″ text_font=”||||||||” text_orientation=”center” global_module=”5075″ saved_tabs=”all”]\"\"<\/span>\n[\/et_pb_text][\/et_pb_column][\/et_pb_row][et_pb_row custom_padding=”20px|0px|27px|0px|false|false” _builder_version=”3.21.4″][et_pb_column type=”4_4″ _builder_version=”3.21.4″][et_pb_text _builder_version=”3.21.4″ text_font=”Lato||||||||” text_text_color=”#3d3d3d” text_font_size=”16px” text_orientation=”justified”]

There is no need to try to \u201cmove heaven and earth\u201d<\/strong><\/h3>\n

An event recently took place, and reached the media, that has shocked public opinion.<\/p>\n

How is it possible that, within the Supreme Court, some judges say who must pay the taxes on bank mortgages, and then others come along and\u00a0 say the opposite?<\/p>\n

And later, to round things off, the President of the High Court appears and says that he had not been aware of it,\u00a0 and, after calling\u00a0 an urgent plenary meeting,\u00a0 almost\u00a0 half support\u00a0 one view and the other half plus one or two judges support another.<\/p>\n

And let no one tell us that, on the basis of freedom or independence \u00a0of thought, each judge has the right to express their wise and honest opinion. No. They do not have that right. They may be very wise, intelligent and so on, but they do not have that right, because if that were so there would be no doctrine, no case law, no interpretative\u00a0 criteria, and everything would be chaos. What matters most to lawyers is being told\u00a0 what the rules are.<\/p>\n

And this is what lawyers say, \u00a0who in their work ask for only one thing: \u201cAgree among yourselves\u201d. Tell us the rules of the game and we lawyers will follow them. But do not give us three or four different versions or approaches, \u00a0no. It cannot be\u00a0 that each judge believes that he alone \u00a0is going to set a trend, however clever and well prepared he may think he is.<\/p>\n

And here is an example concerning\u00a0<\/span>construction\u00a0 defects<\/strong>\u00a0<\/span>covered by the LOE.<\/p>\n

If there is a\u00a0<\/span>\u00a0rebuttable \u201ciuris tantum\u201d\u00a0 presumption of professional fault with a reversal of the burden of proof,\u00a0<\/span>\u00a0and\u00a0<\/span><\/strong><\/u>the judge considers the damage proven<\/strong>\u00a0<\/span>(Pathology: cracks and hairline cracks, through-cracks that allow you to \u00a0see\u00a0 right into the partition wall and even put a finger in)\u00a0<\/span><\/em>\u00a0but does not go on to investigate its cause<\/strong>,\u00a0<\/span>or who is liable, there is\u00a0<\/span><\/strong>\u00a0in these cases\u00a0<\/span>a reversal of the burden of proof.\u00a0<\/span><\/strong>This is because the liability under the LOE \u00a0invoked in these lawsuits derives from the ten-year liability under article 1591 of the Civil Code, under which the burden of proof is reversed, so that once it has been proven that the construction is defective, it is for\u00a0<\/span>the defendants<\/strong>\u00a0<\/span>to show that they played no part in causing the damage to the home and are not liable for it.\u00a0<\/span>\u00a0\u00a0<\/strong><\/p>\n

Otherwise,\u00a0<\/span>\u00a0it would amount to accepting as natural\u00a0<\/span><\/strong>that a new build should be widely affected by cracks and hairline cracks, with no one held liable at all, the defendants not having shown that they were due to\u00a0<\/span><\/strong>unforeseeable circumstances, force majeure, the act of a third party or the injured party’s own act.<\/strong><\/p>\n

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