Common problems in a construction defects claim.
After many proceedings on the same subject, the same issues inevitably come up again and again in construction defects claims brought by homeowners’ associations. Below we summarise the most frequent ones.
1- The time limit for claiming has expired.
Depending on the type of damage, the Spanish Building Act (Ley de Ordenación de la Edificación, LOE) provides guarantee periods of 1, 3 and 10 years for bringing a claim, and there is also a 5-year period for claiming against the developer as seller for contractual liability. We have explained this in many posts.
The important thing is to get proper advice before bringing any claim.
2- The developer still owns some of the homes.
A simple majority at the owners’ meeting is enough to authorise the president to take legal action against those responsible for the construction defects. Even if the developer owns some of the homes and tries to obstruct the process, there are ways to get around these obstacles.
3- The developer or contractor wants to carry out repairs that are just “patches”.
If trust in the developer has broken down, because it neither repairs everything requested nor does so properly, then once the decision to bring a claim has been taken, the developer or contractor should not be allowed to repair anything else. Otherwise, there will be problems with the lawsuit.
4- The homeowners’ association does not have the money to go to court.
If the claim is within the time limits, the defects are widespread and obvious, and the potentially liable parties are solvent, DPcon S.L. can offer to work “on a percentage basis”, so that the homeowners’ association affected by construction defects does not have to pay anything up front.
5- The owners want to carry out repairs prematurely while the proceedings are under way.
Although proceedings are unfortunately lengthy and owners often lose patience and want to repair the defects prematurely, they need to be patient, because if repairs are carried out too early, the defendants will argue that they have been denied their right of defence, since the repairs were done without giving them the chance to assess the damage and without reliable evidence of that damage being preserved. There are some exceptions to the obligation not to carry out repairs, such as urgent and necessary repairs because the damage is getting worse, but it is important to get proper advice first.
If you have any questions, contact us. DPcon Reclamación Daños Constructivos.
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