Warranties – Exclusion Factors Of Building Warranties

In accordance with the article 1185 of the Civil Code of Costa Rica, the Architects, Engineers, or Construction Companies who have overseen the construction, are liable for its total or partial loss, whether it is caused by a construction defect or a soil defect, and this liability will last for five years counted from the reception of the work. However, if certain conditions are presented, the engineer, the architect, or the construction director, may not be responsible for the coverage.
The 3 exceptions of when the coverage may not apply are:
Normal wear and tear of the property:
The normal wear and tear of the property refers to the natural and expected depreciation of the property due to the ordinary, everyday use over time. It is the gradual deterioration that occurs slowly overt time as a result of living in a property. This is non-negligent meaning that there was not intentional damage. Given that all constructions are subject to normal wear and tear, the Civil Code has excluded it from warranty coverage.
Acts of Nature:
An act of nature, or often referred to “act of God”, is a significant natural event that is beyond human control and cannot be prevented. These events are typically disruptive, potentially causing damage to a property. Since acts of God cannot be prevented, warranties are no applicable in these cases.
Measures such as purchasing appropriate insurance, adhering to building codes, and planning for emergency responses can help mitigate the impact of these natural events.
Homeowners’ neglect:
The homeowners ‘neglect refers to the failure of a homeowner to property maintain their home. This can lead to various problems, including damage to the property, and potentially hazardous living conditions. Homeowners’ neglect can manifest in many ways, ranging from minor maintenance issues to severe disrepair, including not notifying the builders or the vendors of specific products when initial damages start to occur including not using the proper communication channels or due process to enact the warranties.
Homeowners’ neglect involves failing to properly maintain and care for a property, leading to various negative consequences. By staying proactive with maintenance and repairs, homeowners can protect their investment, ensure a safe living environment, and maintain the property’s value.
What does a homeowner need to do when one of these 3 situations happen?
As it has been mentioned, none of these three situations are subject to warranty. Pertaining to the normal wear and tear of the property, and the homeowner´s neglect, is owner´s responsibility to fix and repair the property.
If a damage occurs to the property due to an Act of God, then depending on the coverage that the insurance policy includes, it can be reimbursed through it.
Recommendations to avoid damages on the property:
As article 1187 of the Civil Code of Costa Rica, establishes architects, engineers, or developers, may not invoke as an excuse to exempt themselves from the liability referred to in Article 1185 the fact of having warned the owner of the defects of the soil, or of the dangers of the construction, or of the poor quality of the materials.

These professionals must respect constructions guidelines and guarantee the quality of the constructions, in accordance with the Civil Code, and MEIC. Therefore, may sure you choose the correct professional for the Job.

The “Colegio Federado de Ingenieros y Arquitectos” mentions the architect´s or developer´s obligations such as, complying with the technical, legal and ethical standards in force, and to guarantee the excellence of their work.

Understanding acts of nature is crucial for risk management, especially for homeowners, business owners, and real estate developers. Measures such as purchasing appropriate insurance, adhering to building codes, and planning for emergency responses can help mitigate the impact of these natural events.

Perform a proper and periodically maintenance on the property, conduct regular inspections to address issues early, timely repairs to prevent minor issues from escalating.

Get an extended insurance policy. The house insurance policy offers protection for homeowners against a variety of risks and potential damages to their property. These insurance policies can be customized to meet the specific needs of the homeowners.

In Costa Rica, a premium or an extended coverage often includes coverage against fire, natural disasters, weather related damage like floods, hurricanes, earthquakes, theft and vandalism, content insurance, agains legal liability for accidents caused to others.
As in many other countries there isn´t a standard policy. Therefore, it is important to ask the types of coverages that are included on the policy that is being offered.
If you found this information useful or need further guidance, feel free to reach out to Maria Fernanda Baudrit at mbp@quatro.legal

Disclaimer: The information provided in this blog post is for general informational purposes only and is not intended to constitute legal advice. While we strive to ensure the accuracy and timeliness of the content, laws and regulations are subject to change. For the most accurate and up-to-date information, please contact our office directly. Some images may be AI generated.