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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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 foundation problems and house movement in Spain

Few things are more disturbing for an owner of Spanish property than to have a house suffering from movement.  This is enough to send most people into a panic – and understandably so. That said, I have also come across property owners who have house movement in Spain who have clearly been in denial for years.  This is, invariably, not sensible.  Like most things in life, the sooner a problem is faced up to and dealt with the better and, in the case of property movement, this is essential, for three reasons. Firstly, although rare, property movement can lead to the collapse of a part or all of a house.  So, ignoring movement or signs of movement can end up endangering lives. Secondly, swift remedial action can save time and money, as the damage to a building can be restricted by immediate action. Thirdly, if a Spanish property is less…

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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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