DEPOSITS PAID TO DEVELOPERS FOR FAILED DEVELOPMENTS

At RIDALAW we are more than capable of expertly helping you in the complex process of claiming against developers.

The responsibility of construction workers falls into two categories and this determines the applicable time liability period of the building process. We can resume as follows:

The legal or decennial responsibility for buildings whose construction license was requested before May 2000 is regulated by Article 1,591 of the Civil Code and have a far reaching claim period. After May 2000 the legal or decennial responsibility is regulated by the Law 38/1999 of November 5 of Arrangement of the Building. This Law indicates that:

“Without detriment to their contractual responsibilities, the natural or juridical persons who intervene in the process of building construction will answer to the owners and the third buyers of the buildings, or part of same in the case that they are subject to division, of the following material damage to the building within the stipulated time limits from the date of reception of the work, without reservations or from the correction of these:

For 10 years, of the material damages caused in the building by vices or defects that affect the foundation, the supports, the beams, the wrought ones, the walls of load or other structural elements, and that compromise straight the mechanical resistance and the stability of the building.

For 3 years, of the material damages caused in the building by vices or defects of the constructive elements or of the facilities that cause the non-performance of the requisites of habitability of the paragraph 1, letter c), of the article 3.

The builder also will answer for the material damages caused by  vices or defects of execution that affect completion elements or finishing of the works in the term of 1 year”.

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