Liability for construction defects

In any claim for construction defects or imperfections/flaws in construction, we speak about the agents of the building to attribute liability. These consist of the builder, the real estate developer, the architects, the designer, the contractor... They are the professionals who intervene in the construction of the plot, the property, the building, or the dwelling in which the defects or flaws appear later.

There are two liability regimes, the contractual one, regulated in Civil Code, and the special liability regime for building defects provided for by Ley de Ordenación de la Edificación (LOE), which specifically regulates civil liability of building agents. Both actions can be objectively accumulated and resolved in the same procedure.

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