Real estate

How a Building Surveyor Resolved a Building Defects, Damp and Leakage Case - Building Surveyor


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👉 Real Life Testimony: How a Building Surveyor Resolved a Building Defects, Dampness and Leakage Case


Meta description (SEO):
Discover the real testimony of how a judicial construction expert helped to resolve a case of construction defects, damp and leaks. A practical case with real results and how a favourable judicial resolution was achieved.


🏗️ Testimony: "Without your expert report we would not have won this case".

Like judicial construction expertOne of the most illustrative cases I have handled in recent years was that of a property located in the province of Alicante. It involved a neighbourhood complaint against a developer for serious defects in the execution of the workmainly related to rising damp, leaks in façades and minor structural problems due to poor foundations..

This is the testimony of Mr. Juan M.representative of the community of owners concerned:

"When we contacted [Aurelio Tamarit Blay], we had many doubts about whether we could really claim in court. There was damp on several floors, the walls were peeling, the ground floor had saline efflorescence and, worst of all, we didn't know if it was the builder's fault or if it was due to poor maintenance. Thanks to the report expert detailed, technical and substantiated, we were able to demonstrate in court that the defects were a direct consequence of non-compliance with the building regulations in force".


Technical Diagnostics: What did we find?

Work as a judicial construction expert began with a thorough on-site inspection, accompanied by non-destructive testing and material analysis. The main findings were as follows:

  1. Rising damp in load-bearing walls due to the absence or breakage of the capillary barrier.
  2. Leaks in the main façade caused by poorly executed glazing beads and expired sealants.
  3. Deficient rainwater drainage systemcausing water accumulation on the upper terrace.
  4. Structural microcracks in mezzanine floors, attributed to incorrect load distribution during the design phase.
  5. Persistent condensation in common areas, resulting from inadequate ventilation and lack of thermal insulation.

📋 The Expert Report: Key to Winning a Case

The expert report drafted included:

  • Descriptive report of the current state of the building.
  • Technical diagnosis of each pathology detected.
  • Technical responsibilities assigned in accordance with current regulations.
  • Repair estimate adjusted to market prices.
  • Legal conclusion based on the Civil Code, Building Code and contractual liability.

Thanks to this documentation, the judge issued a judgement in favour of the owners' association, obliging the developer to to bear the costs of repair and to compensate for moral and material damage.


💬 Final thought: The importance of a good expert's report

This case demonstrates that, as judicial construction expertIt is not only a question of making technical diagnoses, but also of turn them into solid legal arguments that they can defend themselves in court.

A good expert report should be:

  • Clarifier
  • Precise
  • Based on current regulations
  • Accompanied by photographs, plans and annexes.
  • Written in understandable but technical language

✅ Results obtained:

  • Favourable ruling to the owners.
  • Full repair of damage assumed by the promoter.
  • Compensation for damages valued at more than €85,000.
  • Increased confidence community in their rights as consumers.

📌 Conclusion: Your house has the right to be well built.

This testimony is not unique. Homeowners are often unaware of their rights when they buy a new or renovated home. However, there are legal guarantees that cover the quality of the construction, and a good court expert can make the difference between losing or winning a case.

If you believe that your home has construction defects, damp, leaks or other technical problems, do not hesitate to contact a chartered legal expert. Not only will they help you understand what is going on, but they will also be your best ally in any legal claim.


Have you had a similar experience, would you like to share your case or receive a free initial analysis? Write to me via the contact form and I will be happy to help you.


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Real estate

How We Resolved a Housing Dampness and Leakage Case - Expert Building Surveyor



Meta description (SEO):
Detailed testimony of a real case solved by a judicial construction expert, where it was demonstrated that the dampness and leaks in a house were caused by construction defects. Technical report, favourable judgement and the whole process explained step by step.


Why hire a legal expert to deal with damp problems?

The dampness and leaks are one of the most common problems in residential buildings. However, many people are unaware that behind these stains on the walls may be hidden design errors, poor workmanship or even lack of mandatory maintenance by the developer.

Today I tell you the real testimony of the case of D. Pablo R.the owner of a single-family house in Murcia, affected by repeated rising damp, condensation and leaking roofs after a poorly carried out comprehensive refurbishment.

"I thought it was the weather or that we were cleaning too much, but over time cracks started to appear, the floor was warping and we even smelled mould. I contacted [Name of Expert] because we needed real, professional answers. Thanks to his expert report we were able to win the trial and recover our investment".


🔍 Technical Diagnostics: Key findings of the expert witness

After visiting the house and carrying out a thorough analysis, the following problems were identified:

  1. Lack of rising damp barrier in foundations.
  2. Flat roof leaks due to the use of unsuitable materials and incorrect slopes.
  3. Constant condensation in bedrooms due to poor ventilation and ineffective thermal insulation.
  4. Defects in the installation of storm drainscausing water accumulation in critical areas.
  5. Low quality materials used during the refurbishment, with no guarantees or technical certifications.

📋 The expert report: Key to proving liability

The technical report included:

  • Descriptive report on the current state of the dwelling
  • Technical diagnosis based on current regulations
  • Identified technical officers: builder, technical architect and construction company reforms
  • Adjusted total repair budget
  • Legal conclusion supported by Law 39/1999 on Jurisdictional Order and the Law on Work Guarantees.

This document was submitted as expert evidence in court and was decisive for the court to rule a judgment in favour of the ownerThe construction company was ordered to cover all repair costs and to pay compensation for material and non-material damage.


✅ Results obtained:

  • Complete repair of damage by the legally responsible person.
  • Compensation of more than 60.000€. for economic and emotional damage.
  • Final judgement which acknowledges the existence of serious defects in the execution of the work.
  • Customer satisfaction and recommendation to other affected neighbours.

💡 Pro tip: Don't underestimate humidities

Damp symptoms are often downplayed as normal or seasonal. But when they appear repeatedly, affect the health of the occupants and the value of the property, technical and legal judgement is required.

A judicial construction expert can not only help you understand what's going on, but also help you to protect your rights if the problem stems from poor workmanship or breach of contract.


📌 Do you have a similar problem? Don't wait any longer

If you notice damp, flaking, bad smells or cracks in your home, don't ignore it. It may be a sign of a bigger problem that has a solution... and responsible people behind it.

Want to know if you can make a claim? I am here to help you. Contact me for a free initial analysis of your case.


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