CAMPOSOL STRUCTURAL DEFECTS 2ND GROUP ACTION GETS UNDERWAY

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Since submission of the first Camposol group action concerning structural issues affecting many owners on the large Murcia development (previously covered by ITV’s ‘Homes from Hell’), a number of other owners have now expressed concerns about evidence of movement now clearly affecting their properties.

The legal and surveying professionals that were appointed by residents to compile the first action have now confirmed that there are a sufficient number of further affected residents to merit the formation of a second group action and stress that not only are there just a couple of years of Decenal insurance cover remaining on most properties but furthermore, it has to be remembered that under Spanish law it is necessary to formerly report the issues within a set period of becoming aware of the defects. In short, the window of opportunity for owners to make a claim (e.g. for repair, rebuild or recompense) is closing.

Mark Paddon (the Building surveyor appointed for the first action) comments that ‘On numerous visits to the affected zones of Camposol in recent years I have witnessed a clear process of progressive structural movement affecting many properties. The time will soon come when the owners of these properties will have missed the opportunity to claim for recompense and they will literally be on their own, left with a decaying and dramatically devalued liability.’

Under Spanish law it is possible that some owners might even be faced with a demolition bill, should a property become unsafe.

According to members of the first action group, it is clear that some owners of defective properties that did not enter the first action believe that if it is successful they may be compensated anyway. This simply will not happen as insurers have got little to lose by turning down a claim, then waiting to see if they (or the insured parties) are taken to court. Furthermore, given the scale and complexity of the court case, it is most unlikely that an outcome from the first action will be known within the remaining period available for making further claims.

There is evidently a ‘now or never’ decision to be made by those who are affected by slow but progressive structural failure of their properties.

The standard procedure will include an initial discounted Surveyor’s visit to assess that the defects are relevant to the action (particularly helpful where owners are really not sure), followed by a full survey inspection and written report compilation, which is simultaneously accompanied by the gathering of necessary documentation by the Lawyer and compilation of the case followed by submission to the court.

Concerned owners that wish to express their interest in joining the second group action, should initially make contact (in confidence) with Martin Hayes of Poveda Hayes Abogados info@povedahayes.com T : 963 53 01 96 It is proposed that a meeting will soon be held on Camposol at which point the Surveyor and Legal team will be happy to answer any questions about the process involved.