SERIOUS BUILDING DEFECTS THAT REQUIRED LITIGATION TO RESOLVE THE DISPUTE.
At Building Defects Spain, we provide a ‘one-stop’ service for all your construction related property problems in Spain.
What we offer:
1. Surveys and remedial works management (including appropriate specialist contractor liaison)
2. Dispute resolution and litigation
As a fully qualified and registered (in the UK and Spain) team of professional surveyors and lawyers, who are fluent in Spanish, we can handle your building defect concerns all the way from an initial survey (to see if there really is a problem) to a court action (if necessary) and management of the remedial works.
Obviously, for you, life is made simple when we are involved.
You can come to us and we will use all our considerable experience to resolve your problems, providing you with one point of contact. Meanwhile, you can be assured that you will be dealing with specialists whose daily work involves the analysis and assessment of construction problems in Spain and the resolution (via litigation or otherwise) of the accompanying disputes. Finally, we can project manage any remedial works with the work undertaken by our network of proven construction experts and specialist remedial contractors.
SURVEYS AND REMEDIAL WORKS MANAGEMENT
1. Initial survey
If you think that you have a building defect with your property in Spain then an initial survey is essential to assess whether the defect that you have noticed is serious or not and to analyse the implications, if any.
If the defect is related to structural stability or would be covered by your existing building guarantee then a written report will be provided together with advice as to how to process your claim. (Including if legal assistance is required).
2. Secondary investigations
Sometimes further investigations are required so as to confirm diagnosis and most importantly uncover and record evidence of the associated defect/s, typically a period of crack monitoring using specialist ‘Tell Tale’ monitors is advisable to assess whether the movement is a continuing problem. Typically for foundation related movement it is necessary to carry out trial hole excavations and the surveyor may recommend Geotechnical bore testing of the ground type. Occasionally other areas of the structure will need to be opened up for further investigation. Where possible CCTV camera inspection may be used to minimise disruption. If you are covered by insurance (‘buildings’ or ‘Decenal’) then the cost of these surveys might be covered by your insurance company.
3. Defects and remedial works report
Once the scale and nature of any building defects have been assessed (and subject to any insurance company parameters) then a report will be drawn up with precise diagnosis and remedial recommendations of how to remedy the defects to your property properly along with estimated costings. (Reports can be produced in English or Spanish depending on specific requirements).
4. Supervision of remedial works
Clearly, it is essential that any remedial works are undertaken precisely as required to ensure that the defects do not occur again and that your property is returned to its original condition. We can provide supervisory visits at every important stage of the works (subject to the appropriate site visit fee).
5. Guarantees on completion
Once all the remedial works have been affected, typically (and where applicable) a specialist contractor’s guarantee is issued (e.g. a specialist piling company might guarantee works for 10 years). This is a sensitive area as an owner may choose to accept the option of repair as opposed to a disruptive, costly and more complex full rebuild. We always endeavour to clarify the risks of the various options to the owner at all times such that they can make an informed decision.
DISPUTE RESOLUTION AND LITIGATION
1. Initial action
It is our express aim to always try to avoid legal action, which can be expensive and take considerable time. In the case of a dispute, we therefore try to settle the matter concerned amicably using the threat of legal action to achieve this aim. Generally, the mere fact that, as lawyers, we are involved on your behalf can be effective on its own account. Indeed, often we can negotiate on your behalf to resolve matters.
Furthermore, in any agreement, we ensure that there is absolute clarity about the settlement of any dispute – any breach of which the other party knows will result in immediate legal action.
2. Legal action
Unfortunately, recourse to legal action is often necessary.
However, starting legal proceedings can sometimes be enough to force another party to honour their obligations and settle a dispute. Indeed, facing the reality of a legal action tends to concentrate the minds of many people and those companies practised at attempting to bluff their way out of a problem.
As specialists in building dispute litigation we are practised at the preparation and prosecution of legal actions in Spain.
So, conducting a legal action, on your behalf, from start to finish is something that we can do for you. Obviously, we advise you about the course of your action throughout, whilst gathering all the necessary evidence and co-ordinating witnesses and expert evidence.
3. Trial
Sometimes a court case settles before going to trial, however trials do occur and we provide you with every service during the trial to ensure that you will win your dispute. Indeed, one of our most important roles is to ensure that you only go to trial – if we are confident that your case has a high probability of being successful!
4. Execution of court judgement
Our legal work rarely ceases upon the successful conclusion of a trial. Sadly, not everyone obeys a court order and it is therefore necessary to execute the judgment. This can involve many different routes including attachment of earnings orders and so on.
To see more about us, look at: About Building Defects Spain where you will see that we are highly qualified experts, fully able and prepared to manage your construction related problems.
So – contact us and let us take away from you the stress of your building defects or property dispute problems…