In today’s article we are going to talk about how to claim for defects in workmanship. This type of claim, although it may have similarities, is not based on the remedies of the purchase and sale in general, i.e., remedies for hidden defects or lack of conformity in the Catalan Civil Code. In this article we will discuss the civil liability of those involved in a construction project in accordance with Law 38/1999, of November 5, 1999, on Building Ordinance (LOE). .

Types of construction defects and claim deadlines

The starting point is found in Law 38/1999, of November 5, 1999, on Building Regulation (LOE), specifically in its article 17, and comes to categorize construction defects in three types. This distinction is important, since the defect will mark us the term to claim for defects of work, as well as to whom to direct the claim.

1. Structural defects (10-year term)

Structural defects are those that affect the stability and safety of the building. These problems can occur in elements such as the foundation, beams, load-bearing walls, and in general, all the components that support the building. They are the most serious defects, but at the same time they may be the ones that, a priori, are less visible or evident.

• Claim period: The LOE, in its article 17.1.a), establishes a period of 10 years from the completion of the work to claim for structural defects.
• Responsible parties: Responsible parties include the builder, developer, architect and quantity surveyor.

2. Defects Affecting Habitability (3-year period)

These are defects that, without being as serious as the previous ones affecting the safety or stability of the building, have a significant effect on the habitability and normal use of the dwelling. These types of defects include problems that compromise the conditions of healthiness, watertightness or thermal and acoustic insulation of the dwelling, such as humidity, water filtration or insulation problems or problems in the installations of services such as water, electricity, gas, air conditioning, etc…

• Claim period: Article 17.1.b) of the LOE establishes a period of 3 years to claim these defects from the delivery of the work.
• Responsible parties: The builder, developer and the technicians involved in the construction.

3. Defects in finishes or finishes (1 year term)

The defects in the finishes are those that affect aesthetic elements of the house, such as paint, floors, doors, windows, tiling. They are the most visible defects.

• Claim period: According to article 17.1.c) of the LOE, the claim period for defects in finishes is 1 year from the completion of the work.
• Responsible parties: In this case, the main responsible party is the constructor.

How to claim for construction defects?

As with any time-sensitive claim, it is important to act quickly.

Formal complaint for defects

The first step is to formally notify the builder or developer of the construction defects. It is recommended to do it by means of a burofax or reliable requirement with acknowledgement of receipt and certification of content.

2. Deadline for repairs

Once the defects have been notified, the builder or developer has the obligation to make the necessary repairs to remedy the defect, within a reasonable period of time. In the event that they omit to carry out the repairs or deny the existence of the same, we are only left with the judicial process.

3. Expert report

Any judicial initiative for this type of procedure requires an expert report issued by a technician that supports the existence and scope of the defects and that, ultimately, must be ratified and defended before the judge.

4. Lawsuit

The term to file a lawsuit is 2 years from the detection of the defect or from the date of the reliable requirement. Although the Law provides for these deadlines, the Supreme Court has sometimes applied the doctrine of actio nata (when the action can be exercised), by which the start of the computation of the term occurs when the defect becomes apparent, being evident to the affected party.

If you have doubts about how to proceed or if you need advice, please contact us. We have extensive experience in civil liability matters due to construction defects. In these cases, reacting quickly and using the right legal and technical advice are usually the keys to success.

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