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derecho de la construcción


During the development of a construction, the emergence of problems between the different construction agents is very common (architect, promoter, builder, developer, or event the final client).
When this moment arrives, the main problem lies in determining who is responsible and in what way should he/they respond.
To resolve this, the study of Law 38/1999, 5th November, regarding Construction Planning (LOE), is key, as well as the study of the different jurisprudence from our courts on this matter.

Which are the most common responsibilities in the construction field?

The Law tells us that agents of construction respond before the owners and purchasers of buildings from the material damages caused to the building, inside the deadline stated by the law, depending on the severity of said damages.
The most common damages in the construction of a building, commonly, are the following:

  • Lack of permeation and the appearance of dampness.
  • Appearance of cracks.
  • Incorrect thermic or acoustic isolation.
  • Damages to the buildings structure (for example, to its beams, bearing walls, or other structural elements)
  • Finishing faults.

How do we approach these matters?

First of all, we must be aware that, despite the fact that problems after the construction of a building are common, every case and its particularities must be studied individually. In ALCÁZAR, we take care of analysis every situation individually, working with specialised experts in constructive pathologies so that we can possess and experts report where the responsibilities of each agent are established.
ALCÁZAR has a wide range of experience in counselling and defending every agent that takes part in the construction process, as well as counselling final clients. Construction Law is one of the main pillars of our firm. You can contact us through the contact form or by calling 952 00 55 24.

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