Suffering damage to your home due to condominium renovation works is a frustrating and complex situation to manage. When the installation of scaffolding causes cracks to the private facade, damage to fixtures, or serious water infiltration, it is crucial to act promptly to protect your property. As an attorney specializing in damage compensation in Milan, Avv. Marco Bianucci deeply understands the distress these circumstances cause and offers targeted legal assistance to identify responsibilities and obtain fair financial compensation.
The Legal Framework: Responsibility of the Company and the Condominium
In the context of contracted works, Italian jurisprudence establishes clear principles regarding damages caused to third parties or individual condominium members. Primary responsibility generally falls on the contracting construction company, which, pursuant to Article 2043 and Article 2051 of the Civil Code, is obliged to compensate for unjust damage caused during the execution of the works or arising from things in its custody, such as scaffolding. The company must ensure that the installation and maintenance of scaffolding are carried out in full compliance with safety regulations, avoiding any prejudice to adjacent properties.
However, the responsibility of the executing company does not exclude that of the commissioning condominium a priori. The condominium may be held jointly and severally liable with the contractor if a so-called "culpa in eligendo" (fault in choosing) emerges, meaning the works were entrusted to a clearly unsuitable company, or a "culpa in vigilando" (fault in supervision), meaning a failure to monitor the execution of the works, especially if the condominium has appointed a site supervisor. Understanding this interplay of responsibilities is a delicate technical step that requires in-depth knowledge of legal matters.
The Approach of the Bianucci Law Firm
The approach of Avv. Marco Bianucci, an attorney specializing in damage compensation in Milan, is based on a rigorous and personalized analysis of each individual case. The first step involves a thorough reconstruction of the facts and the collection of documentary, photographic, and testimonial evidence. Often, in these situations, it is necessary to prepare an expert technical report to quantify the exact amount of damages suffered, whether they are material, such as infiltrations, or related to the loss of enjoyment of the property.
Subsequently, the Bianucci Law Firm prioritizes an out-of-court negotiation phase with the construction company, the condominium, and their respective insurance companies. The goal is to reach a satisfactory settlement agreement quickly, avoiding the delays and uncertainties of court litigation. Should the opposing parties prove reluctant or offer inadequate compensation, Avv. Marco Bianucci is prepared to defend the client's rights in court with determination and strategic expertise.
Frequently Asked Questions
Who pays for damages caused by condominium scaffolding?
As a rule, the party liable for compensating damages is the construction company that installed and manages the scaffolding, as it is the custodian of the structure. However, depending on the specific dynamics and supervisory omissions, the condominium and the site supervisor may also be held jointly responsible. A careful legal analysis is essential to direct the compensation claim to the correct parties and their insurers.
What to do in case of infiltrations due to scaffolding?
The first action to take is to promptly document the damage with detailed photographs and immediately report the problem to the condominium administrator and the executing company via registered mail or certified email (PEC). It is also essential to request an inspection to ascertain the causes of the infiltrations. Promptly engaging a legal professional allows for the coordination of these crucial initial steps without making mistakes that could compromise compensation.
Is the condominium always responsible for damages caused by the construction company?
No, the condominium is not automatically responsible. The condominium's responsibility exists only in specific cases, for example, if it commissioned the works to a company lacking the necessary qualifications or if it failed to adequately supervise the execution of the works, either directly or through the appointed professionals. Proving this joint responsibility requires an in-depth investigation of the works contracts and site records.
Protect Your Rights: Contact the Bianucci Law Firm
Dealing with damages caused by condominium works requires expertise, precision, and a well-defined strategy. If your property has suffered damage, cracks, or infiltrations due to scaffolding, do not let time compromise your rights. Contact Avv. Marco Bianucci at the Milan office located at Via Alberto da Giussano, 26, for a thorough analysis of your situation. Through an in-depth consultation, we can evaluate together the most appropriate legal path to obtain fair compensation and restore peace to your home.