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Latent defects and construction defects

Buying a property in Spain

Everyday new buildings are constructed and new construction defects are discovered.
Generally speaking, construction defects refer to issues with the structure design,
poor materials used, inferior workmanship, and/or lack of consideration of the subsurface
upon which the building stands, reducing the value of the home.

Costruction defect claims may be made to correct the damages. Following an investigation
involving constructionexperts, a homeowner may be able to recover damages based
on the circumstances involved. Recovery may include the costs to repair the home,
as well as any lost property value. In some cases, other fees may be repaid, such
as court costs and construction defect attorney´s fees.

Construction defects issues, include:

  • Defective design, materials or workmanship
  • Water intrusion, mold and stucco defects
  • Landscaping, grading and other drainage issues
  • Build and remodel estimates
  • Building code inspections or violations
  • Statutes of limitations
  • Warranty claims
  • Claims against the developers
  • Other construction-related matters

How would I know if I am protected under the construction law in order to file a
claim for repairs and/or construction damages?

The Construction Ordinance 38/1999 of November 5th, refers to defects and/or construction
damages, regardless of whether the building is for private or public use. This ordinance
also refers to construction reforms, or any other action that may alter the original
design of the building.

The time period in which the builder is responsible for damages and/or defects in
the construction depends on three factors, beginning at the commencement of the
construction up to the repairs of any damages and/or defects in the construction:

  • If the construction defects and/or damages is in the structure of the building and
    could result in the building becoming a ruin, then the time period will be 10 years.
  • If the damages and/or defects in the construction or in the common areas affect
    the conditions of habitability, then the time period will be 3 years.
  • If it relates to the completion of the construction project, the time period will
    be 1 year.

The time period to claim for damages and/or defects in the construction prescribes
two years from the time the damages and/or defects ocurred.

If you own a home, a flat, represent a homeowner´s association, or are an owner
of a comercial building or property with construction defects, our office can help
you. We can provide a proven team of experts and surveyors to protect your rights.
Also, you have an unresolved dispute with a builder or contractor, PELLICER & HEREDIA
can assist you.

Our Law Firm welcomes the opportunity to discuss your needs and design a plan of
action so that you are well protected from known and unknown defects in your home.
Please contact us for a free consultation, and if needed, we will send a surveyor
on site to inspect the existing damages. You may also send us a message through
our confidential web site for us to get back to you.

Contact us today