Defective workmanship and building defects
Non-compliance with project and quality reports
When the work executed does not comply with the project or the quality report: expert analysis of discrepancies and assessment of the impact.
A common situation in new construction is that the result delivered does not correspond to what was projected or what was promised in the quality report. These discrepancies can be specific or systematic and affect materials, construction systems, dimensions and performance. The expert report allows differences to be objectively documented and their impact assessed.
What is compared
The expert analysis is based on the contractual and projected documentation:
- Approved execution project.
- Contractual quality report.
- Detail and floor plans.
- Technical specifications of materials and systems.
- Annexes and modifications accepted.
With that basis, it is compared with what was actually executed on site, point by point.
Types of common breaches
Substituted materials
It is common to find substitutions of materials for others of lower performance or quality: lower-end carpentry, different toilets, floors with lower resistance, air conditioning devices of lower efficiency. When these changes were not authorized by the buyer or compensated, they constitute non-compliance.
Different construction systems
In some cases the system used varies: thinner insulation, partitions with lower acoustic performance, forgings with a different solution. These changes can have a real impact on the comfort and performance of the property.
Dimensions and surfaces
Another relevant group is that of dimensional discrepancies: lower useful surfaces, reduced free heights, openings or rooms with dimensions different from those projected. They are documented through in situ measurements and comparison with plans.
Incomplete installations
The lack of planned elements can be detected: pre-installations not carried out, missing light points or sockets, reduced home automation systems, supplies of household appliances not delivered.
Certified benefits
When there is an energy or acoustic certificate with certain features and the actual performance is significantly lower, the report can prove the discrepancy through measurements and technical analysis.
How it is documented
The report describes each point detected, provides the original documentary reference, the evidence of what was executed (photographs, measurements, tests) and the assessment of the impact. Where applicable, it includes an estimate of the cost of correction or associated depreciation.
Role of the buyer
It is important to collect and retain all contractual documentation from the moment of purchase, including communications with the developer and commercial advertising that may have contractual value. The quality report is a key document, and its conservation is essential.
Legal scope
The assessment of responsibilities and the means of claim exceed the strictly expert scope. We recommend that you coordinate the report with a lawyer, especially when an action is proposed against the developer, construction company or voluntary management.
Related links
Please also see Decennial, Triennial and Annual Guarantee for indicative deadlines. For the engagement process, go to Process, to the specialty of Defective workmanship or directly to Contact.
Does your question depend on the specific case?
Ask Pablo