Claiming against the developer for construction defects.
Many clients tell us they want to “report” the developer they bought their home from for construction defects.
When buying a new-build home, you invest a great deal of hope and a large amount of money, and take on a mortgage that will probably be with you for much of your life, so finding construction defects such as damp, leaks, cracks, hairline cracks, or problems with windows, installations, garages, etc., is the last thing you want.
Should I report the developer to the consumer affairs office?
Not if the defects are significant. Only go to the consumer affairs office if the defects are very minor and/or you only want to lodge a formal complaint, which will probably get lost in administrative red tape. The best approach is to send the developer an out-of-court formal demand to try to reach an agreement, so that it either repairs the defects properly or compensates you so that you can have them repaired yourself, and, if no agreement is reached, to sue it in court.
And which defects can I include in the formal demand?
The best way to list the defects in your home that can be claimed for is to commission an expert report. A specialist expert will tell you which defects you can claim for, how they should be repaired and how much the repairs will cost.
Lawsuit against the developer for construction defects.
If the formal demand does not result in the repairs being carried out, you must then go to court and file a lawsuit (a report, or “denuncia”, is for criminal matters) against the developer or the parties responsible for the construction.
To do so, you should get advice from specialists in this field. If you have any questions, contact us.
Any questions?