Oct 082012
 
Building defect insurance claims in Spain

FAILING ARCH WITH SIGNIFICANT STRUCTURAL CRACKING

Making insurance claims against a builder in Spain is not always as simple as it may appear and certainly ensuring that you are successful in any building defect claim – can be fraught!

Sadly, our experience has been that Spanish property owners making a claim against their builders can be faced with a number of complexities.  Firstly, of course, you have to be able to prove that your property has a defect and that it is the responsibility of your builder.   To do this, you will almost certainly need an independent report from a specialist building surveyor able to analyse the building defect and to assess why and how it has occurred – and who is to blame.

It is unwise to rely upon your builder’s assessment, and reporting from the project architect is also often unreliable (typically playing issues down) and a report from an unqualified professional will be completely unpersuasive to an insurance company, let alone a Spanish court.

Of course, you may be covered by your ‘builder’s guarantee’ or Decenal in Spain, if you own a property built within the last ten years.  However, Decenal insurance companies in Spain can be very tardy at paying out for property construction related claims and will often also attempt to downplay the extent of the repairs needed; possibly leaving you with future problems or remedial work that is inadequate.

Indeed, forcing Decenal insurance companies to act properly and to honour their commitments is not for the faint hearted and invariably requires the employment of a specialist surveyor backed up by a litigation lawyer (separate from the insurance company!).

Obviously, in Spain, many foreigners have difficulty asserting themselves properly because of their lack of Spanish and poor knowledge of the Spanish legal system.  This can make processing a claim for defective construction in Spain very difficult and it can prolong the process considerably.

The answer, of course, is to use a bi-lingual building surveyor and bi-lingual lawyer both of whom specialise in insurance claims against builders in Spain.  This is a service that we can provide, backed up by years of experience of tackling construction problems throughout Spain and the islands of Spain.

In fact, we have attended Spanish courts many times on behalf of clients and have successfully prosecuted actions where properties have suffered from a range of defects – from those that have been relatively minor to complete structural failures.

Interestingly, we have also undertaken a lot of work for insurance loss adjusters and so we know how they work, how to present our reports to best effect and where appropriate how to place effective pressure upon insurance companies – so that they take your claim seriously.

If you are concerned about your Spanish property and think that you have a building defect or construction problem then do contact me.  We can make sure that your justified insurance claims against a builder in Spain are processed to maximise your chances of success, providing a one-stop service for you that will remove much of the worry and stress you may feel.

Mark Paddon

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