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Professional Advice

Ask the Administartor: Ten years guarantee

Good morning.  A question about the ten years guarantee.  In 2007 I joined to a cooperative for the construction of a building on the coast of Orihuela, which was built in 2008.  As well, from the first moment of the construction, we had cracks in the entrance of my house (among others) an important thickness.  We have complained several times.  The manager tells us that he is doing everything possible to fix it but that the Builder is in bankruptcy and finds it impossible to give a solution.  I’d like to know what can I do to sort the situation, because I am quite concerned.

Klaus F.

Administrator:  Agustín Pascual del Riquelme

Good morning.  First of all thank you for that you have decided to contact us while we understand that your problem has a solution it is that deadlines boasts are somewhat fair.  I explain you: promoter or builder of had the obligation of contracting the ten-year insurance which should be responsible for structural damage as that suggests.  This insurance covers damage during the 10 years after the construction. So we understand you are in time.

Therefor, what you should do is claiming to the relevant insurance company before it causes damages and, in case of failure to do so, bring the corresponding legal actions. The fact that the construction company is in bankrupt should not affect the situation, because the decennial insurance was hired and paid in that time and has effect of ten years.  However, as mentioned before, deadlines are somewhat righteous by what I advise you to convene an extraordinary meeting to make a decision as soon as possible to start actions, as very late, at the end of the year 2.017.

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