Construction Liability and Property Rights Explained

Construction Liability and Responsibilities

The parties involved are accountable to the owners for damages caused to the building within the specified timeframes from the date of work receipt:

• Ten years: Property damage due to defects affecting structural elements.
• Three years: Defects in constructed elements or facilities.
• One year: Defects affecting items held by the manufacturer.

Key Liability Provisions:

• Liability is personal and individual, though joint responsibility may apply when individual fault cannot be determined.
• Project designers are responsible for their calculations.
• The builder is liable for damages caused by lack of experience, negligence, or shortcomings in accepted products.
• The construction manager and project execution lead are responsible for the accuracy of the final certificate. If the project manager did not develop the original project, they assume responsibility for its imperfections.
• Liability is waived if damages are caused by acts of God or force majeure.
• The statute of limitations for accountability is two years from the occurrence of the damage.

Property Rights and Legal Framework

A credit right is a personal right, whereas a property right is a real right. A real right provides direct and immediate power over an object.

Classes of Real Rights

• Full: Ownership.
• Limited: Usufruct, servitude.
• Security: Mortgage.
• Pre-emption.

These rights can be acquired through contract, succession, or law. The Property Registry maintains records of urban properties to ensure legal certainty in real estate transactions, protecting rights against third parties.

Liability and Damages

Liability arises when harm is caused to another party:

• Criminal Responsibility: Arises from felonies or misdemeanors; insurance typically does not cover these acts.
• Contractual Damages: Resulting from the performance of a contract.
• Tort Damages: Caused by negligence or actions not derived from a contract.