Is the developer liable “in any case” for construction defects?

If you have purchased a new property and it has suffered infrastructure damage, you have come to the right place. On this occasion, we will present you the legal bases implied by article 17 of the LOE related to the concept “in any case” for the real estate developer. All within the framework of real estate law.

Legal implication of “in any case”.

In accordance with the Building Management Law (LOE), the concept of “in any case” is mentioned in Article 17, third paragraph. This specifies the developer’s liability to the contracting parties.

The concept shall apply when the contractor has been adversely affected on the physical structure. According to the characteristics of the damage, the agent, the construction company or the exemption from liability may be implicated.

Don’t panic too soon. We will gradually explain the details of this legal concept, which may appear to be a flexible definition. It is best to know in detail what conditions apply in order to act in accordance with the law.

Joint and several liability as a legal basis

Joint and several liability as a legal basis

It should be noted that joint and several liability is the division of the legal burden among those involved. This concept applies to specific cases of construction defects, since it is impossible to attribute responsibility to a single trade that worked on the project.

These moments occur when the purchased property suffers material damage as a result of the state of the construction. When this happens, the main responsible party should be the company in charge of the building.

However, this concept supports the real estate developer as jointly and severally liable for the non-compliance of the offer. In other words, the developer will be responsible for managing the damages, even if he has not breached his role at any time.

3 cases exempting the real estate developer from construction defects


real estate developer - housing development

The concept of joint and several liability is a complex one to be understood among those involved in architectural projects. Therefore, the only instances in which the promoter may be released from providing a response is in:

  • Fortuitous event. Refers to causes beyond the promoter’s own control, many of which cannot be caused by humans. It applies in cases of floods, earthquakes, landslides, tsunamis and similar events.
  • Intervention by third parties. In the event that the damage was caused by a company attached to the initial contractors. If this applies, the claim should go directly to them and not to the developer.
  • Caused by the plaintiff. If it is determined that the cause or origin of the material damage comes from a bad management subsequent to the purchase and exercised by its owners.

If your case does not apply to these conditions, then you may continue with the legal process directly to the developer. Remember to collect the information submitted very well before opening a file.

When is the developer’s responsibility?

The law is very clear when it comes to establishing responsibilities. The first thing to keep in mind is that you can only claim for damages caused to the acquired property. No third parties or similar.

As for the developer, it is very clear: they are only directly liable for personal injury in the event of breach of contract. These relate to lost profits or moral damages. If it is based on the contract, it must be sued based on the Civil Code.

Consequently, property damage is not the responsibility of the developer. As they are responsible for the management and administrative process of the purchase and sale, this duty is exempted.

Property damage reporting process

Before heading down the difficult paths of a legal confrontation, we recommend that you take the time to request an expert’s report. It will help you determine the damage, its causes and the amount in your local currency.

If the causes of damage point directly to construction mismanagement or similar, you can proceed with the case. Even the application of the concept “in any case” towards the real estate developer will be valid.

It should be noted that this document will be the basis for determining the actual liability for damages. Whether it is towards the developer or towards the company in charge of the construction. In some ways, this will be the strongest evidence you will have during the case. This format is followed by the photographic report.

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