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IurisConsulting Property Lawyers Liabilities for Construction Defects |
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The Law imposes responsibilities to all the professionals who take part in the construction, resulting from the “rules of good construction”.They are responsible to the owners and the succesive purchasers of the buildings for the material damages caused by the construction defects. a) The builder is responsible for the material damages for shortcomings of execution that affect to elements of completion or finishings of the works in the term of one year. When the builder subcontracts with other persons the execution of certain parts or facilities of the work, he is directly responsible for the material damages for shortcomings of his execution. He is also directly responsible for the material damages caused in the building for the shortcomings of the products of construction acquired or accepted by him. b) The promoter is also responsible, in any case, jointly with other professionals -architect, builder- before the purchasers of the material damages in the building caused by shortcomings of construction. c) The Architect designer of the project answers for the insufficiency, incorrectness or inaccuracy of the basic and execution project of the building. d) The Architect and the Technical Architect (director of the execution of the work) that sign the Works Conclusion Certificate are responsible for the veracity and accuracy of the content of this document. DeadlinesThe period of these responsibilities start running from the date of reception of the work without reticences, or since their overlook: a) For ten years, of the material damages caused in the building for shortcomings that affect to the foundation, the supports, the beams, forgeages, slabs, loadbearing walls… or any other structural elements, and that endanger directly the mechanical resistance and stability of the building. b) For three years, for the material damages caused in the building for shortcomings of the constructive elements or of the facilities that cause the failure of the requisites of habitability. c) For one year, for the material damages caused by shortcomings of execution that affect the finishings of the work. Insurances To guarantee the effectiveness of these responsibilities and avoid litigation, it is obligatory for the builder or the promotor to take an insurance of material damages, in order to guarantee, for ten years, the protection for the damages caused in the building by shortcomings that have his origin or affect to the foundation, the supports, the beams, the forgeages, slabs, the loadbearing walls or other structural elements, and that endanger directly the mechanical resistance and stability of the building. Also it is obligatory to take an insurance of material damages to guarantee, for one year, the protection for the material damages for shortcomings of execution that affect to finishings of the works, which can be replaced with the retention of 5 % of the amount of the material execution of the work. And finally, the builder or the promotor must take an insurance for material damages to guarantee, for three years, the protection of the damages caused by shortcomings of the constructive elements or of the facilities that cause the failure of the basics to be fit for human habitation. The way of proving the constitution of the guarantees before the Notary on having authorized the deeds, and the Land Registrar to inscribe, the New Work Title Deed or the Deed of Works termination, is realized by means of: - the presentation of the insurance policy, completed with the document that proves his coming into effect; - a certificate sent by the insurance company supporting of the constitution and validity of the contract, or - the supplement of coming into effect of the insurance, in which the conditions of the contract are distinguished. In the authorization and inscription of Deeds of New Work in Construction, the Notaries and Registrars do not demand the prove of the constitution of the guarantees, but they point out the obligation of the above mentioned constitution on having finished the work for his registral inscription. The actions to demand before the courts these responsibilities expire in the course of two years starting since the date they were produced. |
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