Architect
Daniel Trujillano
ArchitecturalDesigns for Building Projects in Spain
Showing posts with label spanish builders. Show all posts
Showing posts with label spanish builders. Show all posts
Wednesday, 9 May 2012
Spanish Builder (II)
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.
Spanish Builder (I)
The Building Contractor in Spain (I)
Obligations of the Builder under the Spanish LOE
Under the current Law on Construction Planning (LOE in Spanish), the Builder is defined as the agent who assumes -in contract with the Developer- the commitment of performing the Works with attachment to the Construction Documents and to the contract.
Obligations of the Spanish Builders
According to the LOE, the obligations of a Builder in Spain are:
- performing the Work with attachment to the Construction Documents, to all applicable Laws and to the instructions of both the Director of the Work and the Director of the Performance of the Work, in order to achieve the required level of quality for the project
- having a degree or a professional qualification entitling to comply with the required conditions
- designating the Site Manager, who will be his technical representative on site and who, because of his qualifications or experience, must have skills in agreement with the characteristics and complexity of the Work
- assigning the required human and material resources to the Work
- formalizing all necessary subcontracts, within the limits established in the contract
- signing the Stakeout Statement and the Receipt Statement
- providing the Director of the Work all the information necessary for preparing the Performed Work Documentation
- signing guarantees as required by the LOE.
The Formal Statements
After the verification of the stakeout, the Builder, along with the Director of the Work and the Director of the Performance of the Work must sign the Formal Stakeout Statement.
After the completion of the Work, both the Builder and the Developer must sign the Receipt Statement, in order to formalize the delivery. If the Developer observed defects, the Work can be received with reserves, and in this case such defects must be entered in the Receipt Statement, along with the time when they should be corrected. The Receipt Statement must also reflect guarantees as required for ensuring the Builder's responsibilities.
Subscribe to:
Posts (Atom)