Some time ago we published this consultation from a client called Mr Z.:
I bought a house in Denia (Alicante); unfortunately, significant cracks have appeared in the house. …the problem is that in the design and construction of the property the slope of the plot and the soil on which the house is built (composed of a type of clay that moves) was not properly taken into account.
We are happy to inform our readers that last Monday the 7/10/2013 in front of the First Instance Court number 5 of Denia, we achieved for our client a compensation of 130.000€ to be paid by the main architect, technical architect ( aparejador) and the insurance company who granted the Ten Year Insurance Policy to cover the structure of the property.
We must say that crucial for this achievement it have been the fantastic reports from the technical expert in building defects, with whom we normally collaborate, Mr X and Mr. M. Y.
In this case the responsibilities of the different respondents was clear:
The main architect or senior architect (arquitecto superior) was liable because he is the professional responsible of making the building project according to the soil and the geotechnical report, therefore missing or incorrect inclusion in the building project of the slope of the plot and / or soil material, is his fault. In this regard, the Provincial Court of Alicante in its Court Order number. 592/2009 stated “the prior examination of the soil, verifying it or at least checking its analysis and subsequent geological survey personally is a fundamental obligation of the senior architect’s, …. demanded by the dignity and competence inherent to their profession”
Also the technical architect (aparejador) was liable as they are responsible to make sure that the construction finally executed is done in accordance with the building project and also with the construction standards. In this case, the foundation was done incorrectly and not following the project nor good construction methods.
The Insurance Company who granted the Ten Year Insurance Policy was also liable, as that policy covers the reparation when there is a problem affecting the structure of the property, which was the case here.
If you have any problem with your property, if some cracks or breaks appear, our law firm together with our architects experts in building problems, will be able to help you.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
White & Baos
Tel:+34 966 426 185
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