21 Mar 2011 10:12:

Dear Mark and Janet,

It will depend on Maria's opinion. Surely she has pointed you in the right direction, as no reputable lawyer will like to fight a case that is lost from the beggining.

There is a risk in every case, but if you don't fight for what is yourse, who will do it?

Good luck and good Justice.

Thread: spanish lawyers

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04 Oct 2010 23:40:

Dear Faro, In Spain, the Law that regulates the companies (SLs or SAs) specifically refers to the responsability for the debts of the companies to be that of its administrators (personally liable) in some circumstances, which include abandoning the company, not filing bankruptcy proceedings when necessary or not complying with the Mercantile Registry obligations (such as filing annual accounts, etc). The procedure is not particularly complex, provided that there are legal grounds to go for the personal liability of the company administrators. Lifting the veil or fraudulent trading (which you mention in your post) refer to criminal responsibility of the administrators and what I am talking about is not criminal charges, but civil responsibility (economic at the end of the day). Kind regards

Thread: Enforcing a 10 year building guarentee ?

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24 Sep 2010 18:01:

Dear Faro You are probably right with regards to the solvency of the developer, but each case is different and it would be somethingg to look at. Also the responsibility could be transferred to the administrators. The Law allows it, although not many people know how it works and that it actually works. We have had several cases that confirm it works. But as said before, each case is different. What I never recommend is to sit and wait. Regards

Thread: Enforcing a 10 year building guarentee ?

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24 Sep 2010 14:49:

Hi again It is not an excuse to say the developer should paint if your problem is to do with land flooding (underground). In any case, even if the insurance does not want to take over, you should be filing a claim against the developer and it is for him to counter sue the insurance, the architect, or whoever he finds responsible for the floods. First step has to be to get a survey done to assess where is the cause of the damages and then start action soon (whilst the developer still owns properties on site he is still solvent). Feel free to send us a p.m. With further details if you wish and I will come back to you. Kind regards Martin

Thread: Enforcing a 10 year building guarentee ?

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24 Sep 2010 10:43:

Hi to all,

If the deeds were signed in 2008 and the build licence was granted after 2000 (which probably is), then the 10 year insurance must exist and should be incorporated to the deeds. Otherwise the Notary would not have authorised the deeds.

Kind regards,

Thread: Enforcing a 10 year building guarentee ?

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