Nov 212012
 
Legal action against Spanish builders

SERIOUS CRACKING – COMMON TO OTHER HOMES IN THE IMMEDIATE AREA? IF SO KNOWLEDGE ABOUT HOW TO TAKE GROUP COURT ACTIONS IN SPAIN WILL BE VITAL.

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, it is not uncommon for a number of properties on the same estate or street to have almost identical building defects in Spain.  This, needless to say, is because the same building company will probably have performed all of the work – normally under the same architect, using the same geotech company and with the same worker.  So, any mistakes or negligence will have been replicated on each and every property, to a greater or lesser extent.

Obviously, if a number of properties have the same problems than a group legal action in Spain against the builder or promoter is the sensible action to take.  Certainly, taking individual action can be difficult, particularly when you are facing a major company.  All too often the latter is very capable of outmanoeuvring individuals or wearing them down (financially or emotionally).

The benefit of group court actions in Spain is obvious.  Costs can be reduced and the strength of a case greatly enhanced by a number of property owners showing that they have similar problems.   Meanwhile, the support provided by a united front can mean that even a major developer is forced to take a matter seriously.

Obviously, cohesion amongst property owners with building related problems is important.  It is vital to have a plan, to know how to take action and the route to a successful resolution.  This is, understandably, beyond most people’s experience and so you will need to obtain professional help.

In fact, an intrinsic part of the service we provide relates to the advice and help that we can give to property owners, with regard to resolving their construction issues.  Of course, we can assess the actual structural problems and take legal action in Spain on your behalf.  However, we can also help you to organise a class action in Spain – along with advising you, right from the start, about how to approach forming a group action, the costs involved, the procedure, the legal position, the timings and the route to success.

So, if you have a construction problem in Spain and it is one similar to your neighbours then contact us.  We will be able to help you to resolve your problems in the most efficient and effective way possible – so that you can be compensated properly or have all the necessary remedial works correctly resolved.

Mark Paddon