Warranty claims

A legal defect refers to a claim from a third party regarding an element of the building, such as when the contractor installed stolen equipment.

Some examples of these defects are indicated in Article 556¹ of the Civil Code:

• The item does not possess qualities that it should have due to the purpose specified in the agreement or arising from circumstances or intent. For example, the heating installation does not function in one of the rooms.
• The item does not possess qualities that the contractor assured the investor of. For instance, the use of lower-quality materials than indicated in the project.
• The item is not suitable for the purpose informed to the contractor upon entering into the agreement, and the contractor did not object. For example, if the contractor built a minimum-width access ramp to a property that heavy trucks must access.
• The item was delivered in an incomplete state. An example could be when moisture-proof insulation of the lower floors of the building was not installed.
• The item was incorrectly installed and activated. This typically relates to defects in installation components such as ventilation, heating, or kitchen equipment. This can apply to cases where these actions were performed by the contractor, subcontractor, as well as by the investor, who acted according to the instructions received from the contractor.

Physical defects in the context of construction refer to issues or imperfections in the building that result from non-compliance with the terms of the construction agreement.

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