top of page

Civil liability of the builder for defects in the construction

The civil liability of the builder for defects in construction is a relevant topic within the field of civil law, since it involves the obligation to repair damage caused by defects or defects in buildings. In this approach, it is essential to analyze the concepts of contractual and strict liability, identify the types of defects in construction and discuss the appropriate measures to repair damage caused to owners or purchasers.

1. Constructor's contractual and strict liability:

Within the civil liability of the builder, it is important to highlight the distinction between contractual liability and strict liability. Contractual liability stems from non-compliance with contractual clauses, while strict liability is the one in which the builder is held liable regardless of fault, due to the nature of the risks inherent in construction activities.

2. Types of construction defects:

Construction defects can be classified into different categories, including:

- Apparent vices: are defects that can be identified by an ordinary person, without the need for technical knowledge. May include visible cracks, leaks, electrical or plumbing problems.

- Hidden vices: are defects that are not immediately noticeable, requiring a more detailed analysis or the occurrence of certain conditions to be identified. These include structural problems, foundation failures, and more.

- Design or execution defects: relate to design or execution errors in construction, such as poorly designed projects, inadequate materials, poor execution of services, among others.

3. Measures to repair damage caused:

To ensure repair of damage caused by defects in construction, some measures can be applied, such as:

- Complaint to the builder: the owner or purchaser must notify the builder of the defects found, demanding that repairs be carried out or the corresponding compensation.

- Technical report: hiring a specialized professional to carry out a detailed technical assessment is essential to identify defects in the construction and base repair measures.

- Lawsuit: If the builder refuses to carry out repairs or compensate adequately, the owner or acquirer can seek compensation for damages through a lawsuit.

4. Importance of builder civil liability for construction defects:

The civil liability of the builder for defects in the construction plays a fundamental role in protecting the rights of owners or purchasers of real estate. It guarantees the safety, quality and durability of buildings, in addition to encouraging the competence and responsibility of construction professionals. Therefore, laws and regulations must be strictly applied in order to ensure that builders comply with their legal obligations and that damage caused by defects is properly repaired.


The civil liability of the builder for defects in the construction is a crucial aspect for the protection of the rights of the owners or acquirers and for the guarantee of a safe and quality construction. It is essential that builders are held responsible for damage caused by defects, whether through repairs, compensation or other appropriate measures. Only in this way will it be possible to promote confidence in the civil construction sector and ensure the peace of mind of those who acquire or use real estate.

3 views0 comments


bottom of page