CONSTRUCTION CLAIMS IN SPAIN

IIntroduction:

As a property owner, you may encounter defects or problems in a construction project after its final reception. These issues can be caused by the builder or by third parties involved in the project. In Spain, legislation allows for claims of damages in these cases. In this article, we will discuss how to proceed in accordance with Spanish legislation and how our team at BC Lawyers, advisors and consultants, can defend the rights of our clients.

Claims for damages:

In Spain, the Building Regulation Law (LOE) establishes the responsibilities of the agents involved in the construction process and the guarantees they must offer to property owners. Based on this law, property owners can claim damages if they are affected by construction defects.

Warranty periods according to the LOE:

The LOE establishes different warranty periods depending on the nature of the defect:

1. Finish defects or defects in the materials supplied: 1-year warranty.

2. Defects affecting habitability or construction quality: 3-year warranty.

3. Structural defects: 10-year warranty.

It is crucial to act within these time frames to file a successful claim.

Jurisprudence:

In the ruling of the Supreme Court of March 9, 2015 (STS 1044/2015), it was established that even if the defects are discovered after the reception of the work, property owners can claim damages as long as they are within the warranty periods set by the LOE. This ruling reaffirms the legal protection of property owners in cases of construction defects.

Evidence practice in trial:

In a trial, it is essential to provide evidence to support the claim for damages. This may include expert reports, photographs, contractual documents, and expert testimony. An experienced lawyer in the field will help prepare and present this evidence adequately and effectively at trial.

BC Lawyers, advisors, and consultants:

Our team of expert lawyers at BC Lawyers is committed to defending the rights of our clients in cases of claims for damages against builders after the final reception of a construction project. We can analyze your case and advise you without commitment on the matter, ensuring the best defense of your rights. Please do not hesitate to contact us for more information and legal advice.