When Renovation Becomes a Legal Problem
Entrusting the renovation of your home or the construction of a new property is a significant emotional and financial investment. Unfortunately, it frequently happens that the trust relationship with the construction company deteriorates due to unjustified delays, execution that deviates from the project, or, in the worst-case scenario, complete abandonment of the construction site. In these situations, the client often finds themselves in a vulnerable position, having to face unforeseen costs and housing disruptions. As an expert lawyer in damages compensation in Milan, I deeply understand the frustration and urgency of those who see their real estate project stalled by the non-performance of others.
The Regulatory Framework: Breach of Contract in Construction Agreements
The relationship between the client and the construction company is governed by the construction agreement and the rules of the Civil Code. When the company fails to meet the agreed-upon deadlines or performs the work not in a workmanlike manner, a contractual breach occurs. The law provides specific protective measures, foremost among which is Article 1662 of the Civil Code, which allows the client to monitor the progress of the work and set a reasonable deadline by which the company must comply with the established conditions. If this deadline passes without action, the contract may be considered legally terminated.
In addition to the termination of the contract, which frees the client from obligations towards the defaulting company, the legal system provides for the right to compensation for damages. This includes not only the expenses necessary to complete the work by hiring a new company (emergent damages) but also lost profits or any loss of tax benefits, such as the Superbonus or other construction bonuses, caused by the contractor's delay or negligence. It is crucial to act promptly to preserve evidence of the state of the premises and existing defects before the situation deteriorates further.
Studio Legale Bianucci's Approach to Construction Disputes
The approach of Avv. Marco Bianucci, a lawyer specializing in damages compensation and real estate law, is based on an analytical and pragmatic strategy. Every case of construction non-performance requires an accurate preliminary technical assessment. For this reason, Studio Legale Bianucci collaborates closely with expert surveyors and technical consultants to prepare expert reports that precisely quantify the extent of the unperformed work, construction defects, and economic damages suffered by the client.
The defense strategy is not limited to simple objection but aims to build a solid evidentiary framework to obtain the maximum possible restitution. In the Milanese context, where real estate timelines and costs are high, the primary objective is to unblock the stalled construction site and recover sums unduly paid or necessary for restoration. Avv. Marco Bianucci always evaluates, as a preliminary step, the possibility of urgent proceedings (such as the Preventive Technical Assessment) that allow for a legal snapshot of the situation and, often, facilitate a favorable settlement without having to wait for the lengthy ordinary legal proceedings.
Frequently Asked Questions
What can I do if the company has abandoned the construction site without finishing the work?
If the company has abandoned the construction site, it is necessary to immediately send a formal notice to perform, demanding the resumption of work within a specific period. If the company fails to comply, the contract can be terminated for breach. It is crucial, before engaging a new company, to conduct a technical assessment of the site to quantify the work completed and the damages suffered, an action for which the assistance of an expert lawyer in damages compensation is indispensable.
Can I claim damages if I lose the Superbonus due to the company's delays?
Yes, the loss of tax benefits such as the Superbonus constitutes compensable patrimonial damage if it is a direct consequence of the construction company's culpable non-performance or delay. Jurisprudence is increasingly recognizing this type of damage, but it is necessary to demonstrate the causal link between the company's conduct and the loss of the incentive, which is why a targeted legal strategy is fundamental.
Can I suspend payments if I notice defects in the executed works?
The client can avail themselves of the exception of non-performance, which allows for the suspension of payments if the other party is not performing their obligation correctly. However, this action must be proportionate to the severity of the defects found and in good faith. Arbitrarily suspending payments without just cause or without following the correct formal procedure could expose the client to counterclaims, so it is advisable to consult with a lawyer beforehand.
What are the time limits for reporting defects in the work?
The time limits for reporting vary depending on the nature of the defect. For apparent or hidden defects in construction agreements, the defect must be reported within 60 days of discovery, and legal action is time-barred two years from delivery. For serious structural defects that compromise the stability of the building, the warranty is for ten years, and the defect must be reported within one year of discovery. Compliance with these deadlines is mandatory to avoid losing the right to compensation.
Request an Assessment of Your Case
Dealing with a dispute with a construction company requires expertise and decisiveness to protect your real estate assets. If you find yourself with a stalled construction site or poorly executed work, contact Avv. Marco Bianucci for a preliminary assessment of your situation. Studio Legale Bianucci will analyze the contract and the facts to outline the most effective path towards protecting your rights and obtaining fair compensation.