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Builder obligations and responsabilities

Builder recruitment

The construction contract is a legal agreement where the parties reflect the details and cost of the construction project, in which it is important that you include the following clarifications:

  • Building specifications or technical project
  • The total cost of the building works to be carried out
  • Payment instructions
  • Start and finish date for the building works
  • Penalty clause in case the works are not carried out on time or within the time frame.

It is very important that both the builder and the property owner sign the contract.

Builder Obligations

The constructor is the agent who contractually assumes the responsibility before the promoter to execute with human and material means, of his own or other, the job or part of the job, always subject to the contract and project.

The obligations of the constructor are:

  • To perform the work according to the project drawn up by the architect, with the goal of achieving the maximum quality.
  • Have the academic or vocational training that enables to fulfill the conditions required to act as a builder.
  • Designating the site manager who will be the manufacturer's technical representative.
  • Comply with the health and safety measures and provide all the necessary means.
  • Signing the layout or start of work act and the reception of the work act.
  • Contract insurance coverage for property damage or a bond with a one year warranty.
  • Insurance coverage for liability to third parties throughout the durance of the building works in case any accidents should occur.

Builders and architects involved in the project, and their responsibilities

The responsibility of the builder and the technicians starts from the signing of the start act up to the signing of the work completion act signed by the technicians. Also, they has the following responsabilities:

  • One year for execution of jobs affecting the termination or completion of the bulding work.
  • Three years for any cracking, moisture and any problems arising from buildings installations.
  • Ten years for defects that affect the foundation, supports, beams, metal forging, bearing walls or other structural elements, and which directly compromise the mechanical strength and stability of the building.

There is a misconception by people on the decennial insurance, it is generally thought that the decennial liability is general but as we have already mentioned above, There is a time limit for each cause that may affect the property, it is very important look after and maintain a property, and not claim for cracks or humidity after several years for example, because this cause only has a three year coverage, if you should wish to complain about cracks and humidity this must be done within three years of the building work. Spanish solicitors in London

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