Find Lawyers in Alicante, Spain for Construction Law

Construction law encompasses all legal aspects related to all kind of building and installation construction processes.

It comprises, without limitation, advice on the following aspects: (i) identification, negotiation, and acquisition of soils or required rights in order to locate buildings and installations and, where appropriate, their asset structure; (ii) obtaining funding and establishing guarantees required by financial institutions for those entities which do not have their own resources; (iii) recruitment with agents involved in the construction process such as project planners, promoters, technicians, contractors, testing laboratories, insurance companies, etc.; (iv) identifying and applying for the required construction and building opening permits; (v) drafting the legal descriptions in order to register the constructions in the public registry; (vi) commercializing and sale of real estate products resulting from construction process.

One of the main problems arising from this area of law is the complex web of rules that have an impact in this field. Even though Construction Law is mainly based on Civil Law (in its broadest sense) and on Administrative Law, in order to provide proper advice, other fields of law closely linked to a project's success, such as Urbanistic and Environmental Law, need to be taken into account.

Moreover, private initiative plays an important role in this area of law, but it should be noted that there are important limits fixed for some aspects related to safety, efficiency, historical heritage, public domain, etc.

Furthermore, the construction sector has a very high dispute rate, where the most common conflicts are related to legal accountability of those agents involved in the construction process as a result of construction defects and disputes arising out of execution and acceptance of works.

Public works, understood as construction works promoted by Public Administrations or public sector bodies, are subject to public procurement law, the regulation of which responds to purposes and principles other than those applied in the private sector.