Construction defaults

As a result of being a head of legal department in a construction company, I have expertise in all kinds of construction defaults.

First of all, I recommend you make sure that everything is right with the property at the beginning of the process of purchase.

I have some architect partners that can provide a technical report about the state of the property.

This is very important because if you find that there are faults after builder´s warranty has expired, you will not be able to repair them under the insurance.

You should bear in mind that you have up to a ten years period to sue the construction company for structural damages/defaults. The company is required by law to have an insurance to cover these kinds of claims, but you will only be compensated if you sue them.

For defects visible at first sight, there is only a one-year period in which it is possible to file a claim.

Regarding defects which concern the habitability of the property, the law establishes a three-year period of time.

Finally, if the building faults are of great relevance or if you have been handed over a property whose construction quality is other than the stipulated quality, or if any element in it differs from what was agreed on the sale contract (in case you are paying for a new-build property), you can demand the cancellation of the contract in Court.

Knowing the exact situation of the state of the construction allows you to negotiate price, so it is a very helpful tool if you consider these two different uses: for knowing exactly the real situation of the property and for knowing approximately the real price of the property.