Against whom can we sue for building defects?

The Law establishes that those whom will respond, without prejudice of the contractual responsibilities, will be the legal entities and individuals involved in the building process. Therefore, the agents are: the promoter, the builder, the Site Manager, the Director of execution and the planner, whether they may coincide as legal entity and individual.

I bought a home under construction and they didn’t give me the bank guarantee. The promoter whom I bought the home has proccessed banktrupcy. Is there anyway that they can return me the money?

We have to study whether the developer and the bank hired the necessary products for the issuance of the bank guarantees, if other buyers, who used these products, received such bank guarantees and if prior to the bankruptcy declaration the issuance of the guarantee was requested in writing to the developer and bank. It is also necessary to know if the payments to the promoter were made to the designated bank account in the contract or if it was made through other means known and accepted by the bank. If so, we will consider we will consider the judicial action to request the joint responsibility of the bank via law 57/1968.

I have fallen in a street with several missing tiles. What should I do?

First of all, we recommend you request the contact details of those witnesses that may have seen you fall and have helped you, call the municipal police so they come to the place were the accident took place to write the policy report and call an ambulance if you cannot walk by yourself, if you can walk by yourself, go to the emergency hospital and inform the doctors you have fallen. All of this will be necessary to credit the truthfulness of the accident to whom corresponds. With all this documentation, request an appointment with your lawyer so they can prepare the corresponding claim.

What is the time limit for the building defects liability?

Depending on the type of defect they are, it will be:
  • a) 1 year in relation to execution defects or defects affecting completion or finishing items.
  • b) 3 years for construction defects or facility defects that affects the occupancy (hygiene, health & environmental protection).
  • c) 10 years in defects in structural elements that directly compromises the strength and stability of the building.
Notably, depending on the case, there may also exist a contractual liability of the promoter and the time frame to claim this is of 15 years.

What it is the timeframe to communicate a credit in a bankktrupcy proceeding?

Usually you have 1 month since the bankruptcy has been advertised in the official State Gazette (BOE) this period can be vital to your credit, since, if it does not appear in the application submitted by the insolvent company, it may entail the cancelation of your right to collect on the bankruptcy proceedings or postponement of your qualification. Therefore, as soon as you know that the debtor has filed bankruptcy contact Abad & Asociados Abogados.