The legal consequences for a builder who does not fulfill their responsibilities in Portugal can be significant and vary according to the nature and severity of the violations. Here are some of the main consequences:
Legal Consequences
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Civil Liability:
The builder can be held civilly liable for construction defects or flaws. This implies the obligation to repair defects or, if this is not possible, pay compensation to affected owners.
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Legal Action:
If defects are not corrected consensually, owners or the condominium may proceed with a legal action against the builder, demanding the elimination of defects or compensation.
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Fines and Penalties:
Non-compliance with norms and regulations may result in fines imposed by competent authorities. These penalties may be applied for violations of licenses, construction or safety norms.
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Activity Suspension:
In serious cases, the builder may face suspension of their professional activity, especially if there is recidivism or if violations put the safety of building users at risk.
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Loss of Credibility and Reputation:
In addition to legal and financial consequences, the builder may suffer damage to their reputation, which may affect their ability to obtain new contracts or maintain business relationships.
Procedures for Complaint
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Technical Report:
It is advisable for owners or the condominium to obtain a detailed technical report that identifies construction defects, which can be used as evidence in legal proceedings.
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Time Limit for Action:
Defects must be reported within one year from their discovery, and legal action must be filed within one year after the report, under penalty of expiration of rights.
These consequences underline the importance of builders strictly complying with their legal and contractual responsibilities to avoid litigation and protect their position in the market.