Construction defects can exist, but the truth is that this is a situation that can lead to significant financial losses. Therefore, it's important that buyers are fully aware of their rights and everything they can do to mitigate any negative consequences.

Through this article from Advogados em Braga you will learn more about the rights of buyers, and how they should act in situations of construction defects. 

Construction defects: what are they?

Defects of work These are problems, flaws, or anomalies that exist in a building, such as a property. In the case of construction defects, these problems do not concern the final contracted result, and should call into question the quality, safety, and even the usefulness of the work. 

These defects can appear soon after the completion of the work, or even several years later. 

When do construction defects occur?

Construction defects can exist, and often occur when:

• The work does not fulfill what was agreed upon in the contract;
• The final result does not comply with applicable technical or legal standards;
• There are errors in execution, defective materials, or improper application;
• The building has structural defects, leaks, cracks, dampness, poor electrical wiring, among other issues;

• The owner is unable to use the building for its intended purpose.

Legal definition of a construction defect

There is a legal definition of construction defects, as stipulated by law, specifically from the articles... Article 1207 of the Civil Code. 

According to the law, a construction defect exists when:

• The project does not correspond to what was agreed upon;
• The work does not present normal quality or safety for use;
• It falls short of the art standards for that type of construction.

If a work undergoes a significant alteration that impairs its use, it already presents a legally relevant issue.

When is a project considered "completed"?

For a project to be considered completed, there are aspects that make it official:

• The contractor informs the client that the work has been completed and makes it available to the client.; 
• There is a formal acceptance (signing of an acceptance certificate); 
• The owner of the property begins to use the remodeled building, even without a signed permit.

Once a project is completed and delivered, it becomes possible to report any defects that may exist. 

Rights of the property owner in case of defects in the work.

The owner of the property has rights regarding any defects that may exist in the work, such as:

• To demand that the defects be repaired, free of charge;
• To demand new construction or to redo part of the work, if necessary;
• Ask for a price reduction;
• Terminate the contract if the defects are serious;
• To be compensated for damages caused by defects (material damages and, in certain cases, lost profits).

These rights can exist individually or simultaneously, depending on the impact of the situation. 

Warranty periods and reporting deadlines for construction defects.

Reporting defects in construction work has deadlines that must be met. 

Legal warranty period

This timeframe depends on the type of work:

• 5 years: structural defects or essential elements;
• 1 year: minor defects or finishing flaws;
• 10 years: under specific legislation for public works or condominiums (for certain structural elements).

Complaint deadline

After noticing a defect, the owner of the property must inform the contractor within a maximum period of one year. 

The claim for damages must be made in writing, primarily by email with supporting documentation or registered letter. 

Prescription of the right

After the complaint is filed, the owner of the construction project has one year to proceed with legal action.

How can I demand compensation from the contractor?

In order to demand repairs from the contractor for defects in the work, you should follow the steps below:

1. Report the defect in writing, with photos and a description.
2. Give the contractor a reasonable amount of time to make the repairs.
3. Allow for a technical inspection if requested by the contractor.

If the contractor refuses to resolve the situation, you can demand:

• New execution;
• Reduction in the price of the work;
• Contract termination;
• Indemnity.

If there is a situation that needs to be resolved urgently, the owner of the property has the right to have the repairs done by the contractor, provided they keep proof of such action. 

How to file a complaint about construction defects?

In order to file a complaint regarding construction defects, you should take the following steps:

• Write a registered letter with acknowledgment of receipt;
• Attach photos, videos, and technical reports;
• Identify the dates and circumstances in which the defect occurred;
• Specify the specific request: repair, re-execution, compensation, etc.;
• Save all communications.

You can also:

• Make use of the complaints book (if it is a company (construction);
• To go to Consumer Dispute Arbitration Center.

Step-by-step action in case of a defect.

If you encounter construction defects, there is a step-by-step process you should follow:

1. Detect and record the defect (photos, video, witnesses).
2. Consult the contract and warranty periods.
3. Make a formal complaint to the contractor.
4. Request an inspection or expert assessment, if necessary.
5. Please allow a reasonable amount of time for a response.
6. If the repairs are not carried out, request a price reduction, contract termination, or compensation.
7. If the problem persists, resort to Solicitor or legal action.

Mm Solicitor It is the best option for any stage of a process to resolve defects in construction projects. Lawyers in Braga It has qualified lawyers who are fully prepared to assist you in fighting for your rights. 

How do I file a complaint against a builder?

If you wish to file a complaint against a builder due to construction defects, you can do so through:

• Via the Complaints Book (physical or electronic);
• At ASAE (when there is a breach of professional rules);
• In the City Council, when there is a violation of licenses or urban planning regulations;
• In court, for breach of contract;
• Through a Solicitor which can initiate legal action or send a separate judicial notification. 

Conclusion 

Construction defects are damages or flaws arising from a construction project that may compromise its safety or usability. To protect the buyer from such inconvenience, the law provides protection, granting them various rights. 

Throughout the entire process, and even in the event of a breach of these rights, a lawyer is the right person to consult. This professional will provide support, help expedite the process, and ensure the best solution.