Compensation for construction defects

Some construction defects take several years to become apparent from the moment the property is taken over from the developer. These must be distinguished from operational defects, i.e. those caused by the use of the property, in particular improper use.

These are such defectsThese are caused by construction defects or inadequate construction work and, as a rule, could not be detected at the time of acceptance of the property. As these may become apparent after a period of 5 years from the signing of the acceptance protocol, it is not possible in certain situations to assert remedies on the basis of the statutory warranty provisions, about which you can read more in the following sections Removal of defects in the flat by the developer.

In such a situation, it remains to seek payment of compensation for property damage due to improper performance contracts by the developerThe damage is the difference between the price paid to the seller to obtain ownership of the defective property and the value of the defective property at the time of delivery to the buyer. This damage is the difference between the amount of the price paid to the seller to obtain ownership of the defect-free property and the value of the defective property at the time it was handed over to the buyer. Compensation can be claimed during the 10 years following the occurrence of the construction damage.

If defects therefore become apparent within the first five years of the signing of the acceptance protocol, there is a choice as to whether we wish to pursue our claims under the warranty or under the provisions of liability for improper performance of the contract.

In the case of a warranty, the purchaser has a broader catalogue of claims (rectification of defects, price reduction and even withdrawal from the contract).

Construction defect compensation, on the other hand, consists of an obligation on the developer to pay a certain amount of money.

In the case of a warranty, the purchaser must prove the existence of a defect, whereas in the case of a claim for damages: firstly, the fact of improper performance of the obligation by the developer, secondly, the amount of the pecuniary damage suffered, and thirdly, the existence of an adequate causal link between the improper performance of the obligation and the damage suffered.

In the case of a warranty, therefore, the developer is liable for the very existence of the defect, and in the case of damages for the damage caused by the improper performance of the contract. Its liability is therefore not, in contrast to warranty liability, absolute.

This is because he or she can absolve himself or herself of liability by proving to the court the absence of fault.

At the initial stage, the specialist in construction law conducts a thorough analysis of the client's claims against the developer and the feasibility of litigation. He interprets the agreement in the context of the contractual penalties stipulated therein and advises on establishing the right to pursue claims for damages against the developer in court - that is, he helps to determine whether the claim should be brought by the owner of the premises or by the housing association.

Such professional assistance often determines the success of the assertion of one's rights.