Tuesday, 23rd October 2018
LEGAL Article
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This Month's Magazine
BUILDERS NEGLIGENCE

BUILDERS NEGLIGENCE

The responsibility for damages to a building is becoming more and more frequently subject to Court claims.

Damages to a Building
The non fulfilment of obligations by builders or their agents requires determining and specifying what their obligations are. Such
obligations of course are clearly obvious and also regulated; however, there are some grey areas where it is not clear whom the
responsibility lies with.

Starting from the date of construction or repairs to a building, any material damages caused to the building by individual builders
or building legal entities are liable to the owners and to third parties who may have purchased the building or part of it in proportion.

The summary of damages entitled to compensation are as follows:

  • Damages caused by imperfections or defects to structural elements which directly compromise the resistance and stability of the building. - This refers to material damages caused by imperfections or defects that affect the foundation, the pillars, the beams, the wrought iron, the loadbearing walls and other structural elements that directly compromise the stability of the building.
  • Non-fulfilment of the habitability requirements - These are the material damages caused to the building by imperfections or defects of the construction materials or installations which result in the non-fulfilment of the habitability
    requirements under art. 3.1 c) LOE. In contrast to what occurs with the damages caused by structural defects, habitability
    is not solely related to the building itself, it is also related to any fixed installations, equipment and urbanisation elements
    assigned to the building.
  • Damages caused by imperfections or defects in the execution of the finalisation elements or finishing of the building work - This refers to the material damages caused to the building by imperfections or defects in the execution of the work which affect the finishing elements or the finishing of the building work.


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