The Building Contractor in Spain (II)
Warranties and Disclaimers
In addition to fulfilling his own obligations, a Builder in Spain is liable for the damage caused by:
- faults or defects resulting from inexperience, lack of capacity or negligence of the Site Manager and of the persons depending on the Site Manager
- faults or defects in the execution of the subcontracted parties of the Work
- deficiencies of construction products purchased or accepted by him.
Liability Time Frames
The Builder's responsibilities in Spain are applied in the following periods:
- a year for damage caused to the building by performance faults or defects affecting the finishings
- three years for damage or defects in building components or installations that cause a breach in habitability requirements
- ten years for damage or defects having its origin or affecting the foundation or the structure, and which directly compromise the mechanical strength and stability of the building.
Guarantees in Residential Buildings
In Spanish residential buildings, the Builder has a legal obligation to cover, for one year, a compensation for material damage caused by performance defects affecting the finishings. This obligation may be fulfilled:
- underwriting insurance for property damage, or
- allowing the Developer to retain 5 per 100 of the amount of the material performance cost.
Moreover, the Developer may expressly agree that the Builder takes the policyholder’s role on his behalf in property damage insurance for ensuring:
- for three years, a compensation for damage or defects that cause a breach in habitability requirements
- for ten years, a compensation for damage or defects that directly compromise the mechanical strength and stability of the building.
Architect Daniel Trujillano
http://www.arquitectotrujillano.com/home.html
Architectural Services for Building Projects
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