Cómo un Perito Judicial de la Construcción Resolvió un Caso de Defectos Constructivos, Humedades y Filtraciones – Perito Judicial de la construcción

Real estate

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

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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:

Rising damp in load-bearing walls due to the absence or breakage of the capillary barrier.
Leaks in the main façade caused by poorly executed glazing beads and expired sealants.
Deficient rainwater drainage systemcausing water accumulation on the upper terrace.
Structural microcracks in mezzanine floors, attributed to incorrect load distribution during the design phase.
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.