Tag: construction litigation in Spain

Is it viable to undertake legal action in Spain for construction disputes?

The question for any foreigner considering litigation in Spain is: can I take legal action in Spain effectively – without it costing a fortune and an age to resolve? Most foreigners know very little about the Spanish legal system and, as a consequence, it is not uncommon for potential litigants to throw their hands in the air and avoid legal action – even though they have a winnable case. Despite the commonly held fears of delay and expense, in reality, legal action in Spain is workable and the timings of major legal actions are generally not too far off those of the UK court system. In the latter, cases can take up to two or three years to bring to trial and this is, more or less, true of many court cases in Spain.  That said, timings can depend upon the individual court dealing with your case. Waiting lists and…

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Group court actions in Spain, for construction related problems

Over the past few years we have dealt with a number of major group court actions in Spain relating to building defects in Spain. In fact, some of the cases have been very high profile and have involved large estates, where many of the properties have suffered from serious structural problems.  One estate that we have dealt with, for example, was built upon a clay substrate that was unstable.  This has caused the total collapse of a number of properties and considerable movement in a lot of others.  As you can imagine, this has been very distressing for the property owners concerned, who have seen their dream properties crumble before their very eyes.  Worse still, for many, was the seemingly impossible task of taking successful legal action in Spain against a very large and powerful developer.  That is enough to test the strength of the hardiest property owner! Of course,…

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Property movement in Spain, resolving subsidence and heave

Unfortunately, property movement in Spain is not uncommon.  There are many reasons for this, including defective geotechnical surveys and inadequate foundations – either of which can lead to a Spanish property suffering from serious subsidence or heave. Since 2000 all new build properties (with a few exceptions) must have a Decenal 10 year, insurance backed guarantee to protect property owners against structural instability.  As a part of the Decenal (sometimes known as the Builder’s Guarantee), a geotechnical study of the ground must be commissioned  by the builder, developer or architect to ensure that a plot is capable of providing a stable area for an intended property and ascertain the correct foundation system. Pre-build bore testing (in two or more places on the plot) using a core drill, is undertaken by geotechnical experts to investigate the make-up of the ground substrates, level of firm ground, moisture content, propensity to shrink or heave etc….

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