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IurisConsulting Property Lawyers Damages Insurance |
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In the previous article we reported on the responsibility of the builder, promoter and architect, and about the legal obligation to hire an insurance for damages. In this article we explain the basic characteristics of this kind of insurance. The policy holder is the builder in the case of the insurance of material damages caused by defects of execution, and the promoter, for the insurances of damages caused by constructive defects that affect to the requisites of habitability The insured is the promoter and the future owners of the building. The premium of the insurance must be paid in the moment of the reception of the building. Nevertheless, in case one agrees on the division in several payment periods later to the date of reception, the absence of payment of the fractions of premium neither gives right to the insurer to annulling the contract, nor remains extinguished, neither the pendent coverage of the insurer can be suspended, or liberated the insurer of his obligation, in which case the insured should make the guarantee effective. For the insurances of Surety the requisites are the same, with the only difference that the insured can be only the future owners of the building or (in case of buildings of apartments) part of them. This is the only one insurance which subscription is obligatory. The insurance company assumes the commitment to indemnify the insured to the first request, not being able to put any excuse. When the guarantees of the insurance come into force, it can neither be revoked nor be annulled in mutual agreement before the end of the term of duration foreseen for every type of insurance. The minimal amount of the capital that must be guaranteed is the following one: a) 5 % of the final cost of the material execution of the building, included the professional fees, for the insurances caused by defects of execution. b) 30 % of the entire final cost of the material execution of the building for the insurances of damages caused by constructive defects that affect to the requisites of habitability. c) 100 % of the final cost of the material execution of the building, included the professionals' fees for the insurance of material damages caused in the building by defects that have origin or affect to the foundation, the supports, the beams, the wrought ones, the walls of load or other structural elements , and that compromise directly the mechanical resistance and stability of the building.
In case of sinister the insurer can choose for the payment of the indemnification in cash that corresponds to the evaluation of the damages, or for the repair of the same ones. The breach of the guarantees of obligatory subscription implies, in any case, the obligation to respond personally to the one forced by the law to sign them. For the guarantees that affect to elements of completion or finishing are not admissible clauses which introduce exemptions or any limitation in the responsibility of the insurance company opposite to the insured. For the other insurances there is admitted the existence of an exemption that cannot exceed 1 % of the insured capital. The mentioned guarantees do not offer insurance cover, except express agreement in opposite, for: a) The bodily harms. b) The damages caused to adjacent real estate with the building. c) The damages caused to the furniture placed in the building. d) The damages caused by modifications or works executed in the building after the Reception, except those of repair of the defects observed in the same reception. e) The damages caused by bad use or absence of appropriate maintenance of the building. f) The necessary expenses for the maintenance of the building. g) The damages that have origin in a fire or explosion, except for defects of the proper facilities of the building. h) The damages that are caused by fortuitous case, force majeure, act of third or for the proper one harmed by the damage. i) The sinister that have origin in parts of the work on that there are reservations gathered in the minute of reception (whereas such reservations have not been corrected and the reparation remain reflected in a new minute signed by the signatories of the minute of reception).
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