An agreement has been reached by lawyers of Carlos Baño Leon with an insurance company that covered the ten-year responsibility of a building, which compensates our Belgian client with an important amount for the repair of the numerous imperfections in his home. These damages occurred after a few years of the completion of construction, and were due to the nature of the land.
The architect who built the building on a sloping land did not take into account the nature of the composition of the land, which caused that over the years the land was yielding with consequent damage that occurred throughout the building, consisting of fissures first and cracks later, together with increasingly important humidity.
The deterioration was advancing to the point that there was danger that over the years the building could collapse.
Lawyers of Carlos Baño Leon, presented the pertinent claim in the Court of 1 Instance of Denia after several months doing reports with technicians and after several meetings in the building with technicians of the company and finally they have achieved that the insurance company assumes its responsibility.
We take this article to remember the importance of meeting deadlines for these types of claims.
When the damage is due to soil and foundation, it is the responsibility of the insurance company that covers the ten-year responsibility to cover the damages produced.
This claim can only be made after 10 years after the construction has been finished and the property handed over to the buyer.
It is important to know that the ten-year insurance only covers up to an amount that has been insured and is never 100% although it is true that it is usually very high.
In cases where the totality is not covered, it must be known that other agents are still responsible and in these cases of foundation and ground defects the architect is always responsible.
As a consequence, if the insurance company does not pay you 100% you should continue to claim the difference from the rest of the technicians that may be responsible, given that the agreement with the insurance company does not limit your right to receive the full amount of damages claiming the difference to the responsible agents.