Vices and Non-Conformities: The Client's Protection

Discovering that the construction or renovation works of one's home have vices, non-conformities, or have not been carried out in a workmanlike manner is one of the most frustrating experiences for a client. Cracks in the walls, water infiltration, or finishes not conforming to the project do not only represent aesthetic damage but can compromise the functionality and value of the property, generating unforeseen costs and considerable inconvenience. In these circumstances, it is essential to know one's rights and the legal protection tools available. As an expert lawyer in damages compensation in Milan, lawyer Marco Bianucci assists clients to ensure they obtain justice, protecting their investments and the peace of their living space.

The Regulatory Framework: Warranty for Vices and Non-Conformities

The relationship between the client and the contracting company is governed by the Civil Code, which provides specific protections for those who commission the work. The legislation mainly distinguishes between vices and non-conformities of different severity, establishing precise deadlines for their reporting and for the exercise of legal action.

Warranty for Common Vices (Art. 1667 c.c.)

The contractor is obliged to guarantee that the work is free from vices and non-conformities with respect to what was agreed in the contract and the rules of the trade. Should defects appear, the client has the burden of reporting the vices within 60 days of their discovery. Once the report has been made, there are two years from the delivery of the work to initiate legal action. This warranty covers all those defects that, while not compromising the structure of the building, reduce its value or make it unsuitable for its intended use.

Warranty for Serious Defects (Art. 1669 c.c.)

When the vices are so serious as to compromise the functionality, stability, or long-term durability of the building (e.g., serious structural problems, significant roof leaks, widespread detachment of plaster), the law provides for enhanced protection. In this case, the contractor's liability extends for ten years from the completion date of the work. The client must report the vice within one year of its discovery and initiate the relevant legal action within the year following the report.

The Strategic Approach of the Bianucci Law Firm

Addressing a dispute for vices and non-conformities in a private contract requires not only legal expertise but also a strategic and pragmatic vision. The approach of lawyer Marco Bianucci, an expert lawyer in damages compensation, is structured in precise phases to maximize the chances of success and effectively protect the client's interests. The primary objective is, where possible, to resolve the issue out of court to reduce time and costs, but without ever hesitating to proceed to court when necessary.

The first step consists of an in-depth analysis of the contract and all available documentation. Subsequently, it is almost always essential to engage a party-appointed technical consultant (an architect, engineer, or surveyor) to prepare a detailed expert report that ascertains the nature, cause, and extent of the vices, quantifying the costs necessary for their elimination. Armed with this documentation, the firm proceeds with the formal dispute to the company, seeking an agreed-upon solution which may consist of the elimination of the vices at the contractor's expense, a price reduction, or damages compensation. If the company proves uncooperative, the most appropriate legal action is taken.

Frequently Asked Questions

Within what timeframe must I report the vices to the company?

The deadlines are very strict and vary depending on the severity of the vice. For common vices and non-conformities, the report must be made within 60 days of discovery. For serious defects that compromise the stability of the building, the deadline for reporting is one year from discovery. Respecting these deadlines is crucial to avoid losing the right to warranty.

What can I claim as compensation?

The client has several options, depending on the specific situation. They can request that the vices be eliminated at the contractor's expense, or they can request a proportional reduction of the agreed price. If the defects are such as to render the work entirely unsuitable for its intended purpose, it is possible to request the termination of the contract. In any case, it is always possible to claim compensation for damages suffered, including the costs to restore the property and the inconvenience experienced.

Is a technical expert report necessary to take legal action?

Yes, in almost all cases, a party-appointed technical expert report is a fundamental document. It not only provides technical proof of the existence of the vices and their attribution to a company error but also objectively quantifies the restoration costs. Without a solid technical basis, legal action for vices and non-conformities has little chance of success.

What happens if the construction company does not respond or has gone bankrupt?

If the company does not respond to the dispute, the only recourse is judicial. If the company has gone bankrupt, the situation becomes more complicated but is not without hope. It is possible to file a claim in the bankruptcy proceedings to recover one's credit, although the process can be lengthy. In some cases, if the contractor had taken out a civil liability insurance policy, it is possible to take action directly against the insurance company.

Request an Assessment of Your Case

If you have encountered vices or non-conformities in the works carried out on your property and believe your rights have been violated, it is important to act promptly. The Bianucci Law Firm, located in Milan at via Alberto da Giussano 26, offers targeted advice to analyze your situation and define the most effective strategy. Contacting an expert lawyer in damages compensation is the first step to obtaining the right compensation and seeing the value of your property restored. Lawyer Marco Bianucci is at your disposal to evaluate the documentation and explain the legal actions that can be taken.