Category: Claiming against a builder in Spain

6 ways to resolve problems with building work in Spain

Of course, having problems with building work in Spain is not unusual. Construction, whether a project is big or small, tends to be contentious and, all too often, ends in a dispute – usually revolving around costs, timings or the quality of the work itself. The trouble is that the very nature of building work means that the stakes involved are usually high (whether financially or emotionally). This means that the earlier you can recognize potential problems and resolve them – the better! The question is – how can you tell when your building project in Spain is going ‘bad’, once work has started, before real damage or expense is involved? Well, there are some common factors that I have noticed, over the years, that can indicate that all is not well. Individually, they may not be important but several factors together normally mean that you need to take immediate,…

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Liability for construction defects in Spain

All too often property owners in Spain do not take legal action for construction defects to their houses because their builder has either disappeared or gone bankrupt.  Needless to say, on the face of it, there is no point in taking legal action, if the other party has no money or cannot be found. However, luckily for many property owners, the liability for construction defects in Spain does not always end just with the builder.  Indeed, depending upon the defects, a number of other parties may be responsible and these other parties may have insurance policies that cover the defects – in which case taking legal action in Spain can make very good sense. So investigate matters further and seek professional advice, before you ‘accept’ the building defects you have and the ‘fact’ that you will have to pay for any necessary remedial works. The question is who – apart…

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Suing builders in Spain, litigation or dispute resolution?

Building disputes in Spain are, sadly, not uncommon.  Indeed, hardly a day goes by when I do not receive a call or e-mail from someone who has some sort of construction problem in Spain. In fact, as I have stated before, the construction of new properties in Spain over the past few years has been very variable.  I have certainly seen fine work but, all too often, I come across defective buildings in Spain.  Quite frankly, the level of skill used in Spanish construction has not always been good and this has been made worse by lax (or sometimes no!) building control. Of course, it is not only new buildings that have suffered from poor work.  The same is frequently the case with reform projects.  The latter are notorious for going over-budget and it is far from unknown for property owners to end up with a quality of construction and…

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Insurance claims against a builder in Spain

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…

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Retaining wall collapse in Spain, a serious problem

A problem that I frequently encounter when called to assess building problems is retaining wall collapse in Spain. Retaining walls (of varying sizes and made of differing materials) are an essential component to the stability of a property in Spain and they are a common sight on estates built upon hilly or steep ground.  However, retaining walls are rarely identified as such by property owners, who often believe that the walls on the boundaries of their properties are primarily there for ascetic reasons. However, the truth is that many Spanish properties are very dependent on retaining walls for their stability. Unfortunately, many retaining walls in Spain are not built properly and can collapse with devastating consequences.  This often occurs after a severe rainfall (such as a Gota Fria) – when enormous amounts of water can place a retaining wall under immense pressure.  If the wall has not been properly built…

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Claiming against a builder in Spain

Much of our work involves the survey and assessment of building defects in Spain and the management of the necessary remedial works.  Running alongside this, of course, is the resolution of construction related disputes, which can involve considerable work.  Indeed, if we become involved in litigation then this can take up considerable time, particularly as we strive to ensure that our clients always have a ‘water-tight’ case that will result in success. Of course, claiming against a builder in Spain is no easier (in many ways) than it would be in the UK or elsewhere in Northern Europe.  It is also something that is deeply upsetting for property owners as, by definition, they have ended up owning a flawed home – and sometimes a home that is potentially dangerous. So, we take our responsibilities very seriously indeed and do all possible to resolve a dispute before it goes to court. …

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