Litigation for Construction Problems

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Litigation for Construction Problems

Something we, in Spanish Solutions, have a great deal of experience with is litigation for construction problems.

There are good builders and there are bad builders here just like there are back home. Sometimes the mistakes by bad builders need a lawyer to push the situation. Otherwise the problem is never going to get resolved and the clients cannot enjoy their property. We are here to make living in Spain easier and without stress!

These problems that our clients encounter can be defects caused by poor construction or error, such as cracks, water leaks, property movement etc. It requires a few professionals to get involved and we coordinate it all for you. Lawyers are not experts in building and construction and therefore we would need an architect/surveyor to make a report. Antonio our architect will do a full report in order to identify the mistakes and to allow a compensation to be calculated.

Once we feel our client has a winnable case against a builder the next step is the courtroom.

Judges are not builders either so they need to be provided with all the necessary information using architects and technical experts. We do all of this. As with every court case,the final sentence will be based on the evidence presented in the trial. All information and evidence needs to be as sound and accurate as possible.

It is best therefore, unless absolutely necessary, that problems are not fixed prior to contacting a builder or constructor with a claim.

However, if the work is absolutely necessary to be fixed, then all professional invoices must be kept. Of course, no jobs should be done for cash- this is always a terrible idea. Apaert from everything else, this is illegal,  and the invoices cannot be claimed in court either.

If a builder refuses to rectify their mistakes when they receive a legal letter, then Court is the only option. Expenses will vary on the amount of the potential claim and generally will be reimbursed, if the case is successful.

Compensation will be based on the value of the damage, or the amount spent on repairs. Clients should bear in mind, a Court case can take a while however. You can also consider our “No Win No Fee” option whereby Spanish Solutions assume the risk on your behalf.

Time taken depends on which court the case is allocated to and how busy they are. We can only act for cases in our local area. Courts in Spain are busy right now!

If you have any problems with your property, which appear to be due to poor construction, please contact us for assistance. Alternatively, if you are purchasing a new property, please discuss this with us, so that we can ensure all necessary checks are undertaken. (Before the problems start!)

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