A favourable court ruling orders the building contractor and the quantity surveyor, jointly and severally, to pay €38,121.98 in compensation to the self-builders of a detached house in Torrejón de Ardoz.
A first-instance judgment has just been served, handed down by the Juzgado de Primera Instancia número 3 de Madrid, which finds in favour of the claimants in the lawsuit they brought against the building contractor and the quantity surveyor on the construction of their home, the claimants having acted as self-builders of the works.
Since it was handed over to them, the claimants’ home has shown various construction problems, which were not resolved despite the countless verbal and written demands that the owners addressed personally to both the contractor and the quantity surveyor they had hired to build their home. To name just a few examples, the home shows subsidence in the outdoor ground slab, no movement joints in the enclosure wall, cracks in the roof floor slabs, badly laid wall copings, etc.
After years of fruitless meetings with the contractor and the site management team, and tired of the lack of a solution to their problems, the owners decided to put the matter in the hands of DPCON, a firm specialising in legal claims in this type of dispute.
After an expert report was prepared by one of its expert architects –the vast majority of our experts also act as court-appointed experts– and within approximately two months of the client’s first contact, DPCON filed the corresponding lawsuit with the Juzgado Decano de Madrid. In that lawsuit, DPCON’s lawyers, who specialise in construction law, sought compensation for their clients exactly matching the amount of the repair estimate set out by their expert in the report.
The Juzgado de Primera Instancia número 3 de Madrid has now found in favour of the homeowners, ordering both the contractor and the quantity surveyor, jointly and severally, to pay the claimants €38,121.98 in compensation, plus statutory interest from the date the lawsuit was filed.
The judgment, which is not yet final, is striking for its detailed technical analysis of all the damage claimed, with the judge giving reasoned grounds for each decision on every defect claimed.
Naturally, the owners have welcomed the court’s decision with joy and satisfaction since, beyond its obvious financial impact, it provides compensation, at least in part, for the years since their home was handed over, during which their legitimate claims were systematically rejected by the professionals they had hired.
DPcon Reclamación Daños Constructivos.
Any questions?