Post by shikapatho on Oct 21, 2023 3:33:17 GMT
It is common for property managers and property reception committee members to come across construction defects or non-conformities in projects, apparent or not, that raise doubts regarding the health of the building.
Should the work be received even if there is a construction defect? Or, even, for what period of time can you claim from the construction company the repair of a defect that became evident after receiving the work?
The answer is commonly attributed to article 618 of the Civil Code that the builder is responsible for 5 years after delivery of the work. Is such a period, which is a guarantee, sufficient to whatsapp database safeguard a durable system such as the facade of a building?
These are the questions that we seek to clarify for the reader, what is done with the distinction between hidden and apparent defects to, in the end, indicate the statute of limitations and prescriptions and which rights can be exercised in the face of such situations.
What is the construction company’s obligation in relation to the condominium and its construction?
The obligation to guarantee solidity and safety is addressed in article 618 of the Civil Code, and, even though the aforementioned provision denotes, on a first reading, serious structural circumstances, the STJ has a firm understanding that such terms must be interpreted in a broad way, in order to guarantee the purpose for which the property serves, with the feasibility of adequate housing conditions.
What is meant is that the construction company has the obligation to deliver a fully habitable building, and this is not the case when infiltrations are found throughout the building, or, even more seriously, when the infrastructure is compromised by infiltrations. and cracks that affect the basements, as well as with regard to porosity that creates a risk of falling and making the condominium structure itself unviable.
Should the work be received even if there is a construction defect? Or, even, for what period of time can you claim from the construction company the repair of a defect that became evident after receiving the work?
The answer is commonly attributed to article 618 of the Civil Code that the builder is responsible for 5 years after delivery of the work. Is such a period, which is a guarantee, sufficient to whatsapp database safeguard a durable system such as the facade of a building?
These are the questions that we seek to clarify for the reader, what is done with the distinction between hidden and apparent defects to, in the end, indicate the statute of limitations and prescriptions and which rights can be exercised in the face of such situations.
What is the construction company’s obligation in relation to the condominium and its construction?
The obligation to guarantee solidity and safety is addressed in article 618 of the Civil Code, and, even though the aforementioned provision denotes, on a first reading, serious structural circumstances, the STJ has a firm understanding that such terms must be interpreted in a broad way, in order to guarantee the purpose for which the property serves, with the feasibility of adequate housing conditions.
What is meant is that the construction company has the obligation to deliver a fully habitable building, and this is not the case when infiltrations are found throughout the building, or, even more seriously, when the infrastructure is compromised by infiltrations. and cracks that affect the basements, as well as with regard to porosity that creates a risk of falling and making the condominium structure itself unviable.