CONSTRUCTION DEFECTS IN BUILDINGS
Any house may have defects and damages caused by external factors or by an improper performance. It’s important to know about Decennial liability insurance, mandatory insurance for construction companies that covers these damages for the period of 10 years from the date of construction.
Therefore, any owner who contemplates any type of defects in their home can directly claim the construction company within the set period. However, it is possible that the damages are caused by some external reasons, such as another construction site near our building.
Given all these possibilities, an expert report allows to determine the causes and guarantee their repair.
EXPERT REPORT
WHAT IS IT?
It’s a report made by competent technicians in the field, through an “in situ” test developing an opinion of causes of certain damage. The expert must stand outside the process and always maintain neutrality.
HOW IS IT PREPARED?
It’s important to know the expert’s workflow to understand that the report comes from a detailed study:
- Data collection and photographs in the place of research. The observation method is the first step to contemplate all the necessary tests.
- Analysis of documentation. All the necessary data has been collected, and now it’s time to justify the veracity of possible causes.
- Preparing of the expert report. The report must have a clear and concise structure and must be written with the use of the technical terminology that is close and understandable to people not specialized in the subject.
WHAT DOES IT CONTAIN?
The expert report on constructive defects and damages must contain the following sections written in detail, clearly and concisely:
- Certification of the presence of constructive damages, both in private property and in possible common elements, in order to apply the right to claim.
- Conclusion on the possible causes of defects and their justification.
- Suitable methods to eliminate these defects in order to bring the building or room to a normal state both in terms of safety and aesthetics.
WHEN IS IT MANDATORY?
An expert report will be mandatory in all cases related to compensation for damage from detected defects. It is also possible to conduct an examination to verify the compliance of the building with current technical regulations.
WHO CAN PREPARE IT?
It must be a competent expert technician in possession of the academic and professional qualification for the realization of the report or opinion.
In our company, we have a team of highly qualified specialists in this field.
WHAT VALIDITY DOES IT HAVE?
The expert report is valid for any process, whether judicial or not, which is open and in full state of documentation collection. It has no established expiry date.
WHICH LAW SUPPORTS ME?
Decennial liability insurance is required for any building whose main use is housing. Law 38/1999 on Building Ordinance (LOE) establishes three terms in which responsibilities can be claimed:
- 10 years for damages caused by defects that affect the foundation, beams, floors and finally, compromising the mechanical strength and stability of the building.
- 3 years for defects in construction elements or installations that fail to meet the habitability requirements.
- 1 year for defects that have occurred during the finishing work.
HOW MUCH TIME DOES IT TAKE?
The whole process takes 3 days, from the technical expert’s visit to the facility for data collection and processing to the preparation of an expert report. But this period may be longer if additional research is required.
HOW MUCH DOES IT COST?
The price is based on the estimated hours of service, including visits, research or complementary tests, meetings. Contact us using the form below and we’ll make the budget without any obligation. If you already have one, we’ll improve it.
- Custom prices for communities of neighbours of single-family homes or buildings.
- Special prices when requesting various types of certificates or reports.
- Discounts and special prices for collaborations.
I ALREADY HAVE IT. WHAT’S NEXT?
Become our client and you won’t have to worry about anything else, because we’ll do the rest.
The policy of our company establishes some involvement of our clients in the process, therefore we take care of the submission of the report in court, as well as possible meetings or judicial summons.
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