Judgment orders a developer to compensate the adjoining neighbour for damage caused during demolition and construction work.
The owner was affected by demolition work in the basements of the adjacent building, which were to be used by a supermarket chain.
The defendant developer washed its hands of the matter and blamed the demolition company in any event.
Court of First Instance No. 8 of Almería has just ruled, in a judgment notified this very month of February, against a well-known local developer for the damage it caused to a neighbour sharing a party wall, as a result of the demolition and new construction work the developer is carrying out on the adjoining plot.
In its judgment, the presiding judge finds that the requirements of articles 1902 and 1903 of the Civil Code governing non-contractual fault are clearly met; that is, there has been culpa “in eligendo” (liability for the choice of contractor) on the part of the developer in hiring the various trades responsible for the demolition, whose competence has been called into question. The judge also holds it liable for culpa “in vigilando” (failure to supervise), finding its failure to act and take measures proven, in view of the damage that was actually occurring in the claimant’s home.
The judgment has been welcomed by the injured claimant because, although somewhat late (the damage to the home began to appear at the end of 2019 and the claim was filed at the beginning of 2020), justice has ruled in favour of the “little guy” in this case. As the judgment itself stresses, it cannot be forgotten that the developer responsible for the damage will make high profits from the sale and rental of the homes it is developing, in addition to its existing commitment with the national supermarket chain to operate the commercial ground floor and one of the basement levels of the building. In view of this, the judgment reasons, it is unacceptable for the developer of the works to stand idly by in the face of the damage caused to its neighbour.
In addition to the principal compensation of more than €10,000, the defendant developer is also ordered to pay interest and the legal costs of the proceedings. The claim, which was filed within the legal time limit (a maximum of one year from when the damage occurs) and supported by a solid Expert Report, was signed by one of the lawyers of the specialist firm DPCON SL, who conducted the proceedings through to judgment and compensation.
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