January 22, 2025

By diarioconstitucional

The Thirteenth Chamber affirms it’s useful to consider that the witness alluded to the long period during which the Plaintiff was continually concerned with the vices the apartment displayed and the stains, fungus and other stains that were visible in the painting on the sky.

The Court of Appeals of Santiago has confirmed the decision that ordered a construction firm to compensate an apartment for its defects.

In the resolution, it is stated that, in the immediate winter following the purchase of the apartment, damage and leaks were noticed on the concrete slab of the plaintiff’s flat. These damages and leaks were caused by the moisture and rains. Plaintiff reports she complained repeatedly to defendant company. She described each complaint.

This was an opportunity that occurred. On April 9, 2013, there had been a repair contract. The defendant, in answering the case, was aware of the facts. Despite claiming that the defects were caused by natural wear, she claimed that “…for commercial reasons and for after-sales purposes, my client successfully completed the work every time it was asked to do work at the plaintiff’s office, without any involvement or responsibility. …”

It was established that in April 2013 the court ruled that there were no deficiencies with the supporting elements. However, the defects or failures of construction materials or installations that had been claimed by plaintiff, as well as the simple finishing or terminations that have taken place, are the reason for the five-year deadline.

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