Do owners of new homes ever ask themselves how they can take action against the builder, or how they can claim against the developer for construction defects in their home? If your home, or your homeowners’ association, has construction defects and you want to claim for them, please contact our company so that we can help you from beginning to end.
Legal claim for breach of contract in construction
A person can be sued if the responsibilities arising from a contract (whether a sale and purchase or a professional engagement) make them liable under that contract. This applies where what was sold does not match the legitimate expectations the buyer had of what they bought, or, in the case of a professional, where their work does not match what was expected of them (for example, delivering a house with defects). Following the amendment of the time limits in the Civil Code, the time limit to claim for breach of contract is now 5 years.
Legal action for construction defects in dwellings
In addition, under the specific regulations for building works, the Spanish Building Act (LOE) of 5 November 1999, the purchaser of a property can bring legal action against the professionals who took part in the construction process, with different guarantee periods depending on the seriousness of the damage claimed. If the damage is structural (affecting the safety and stability of the building), the guarantee period is 10 years. If the damage affects habitability, the guarantee period is 3 years. For finishing defects there is a shorter period of 1 year. If you have any questions, please contact us.