| Category | Details |
|---|---|
| Member organisation(s): CSCAE Consejo Superior de los Colegios de Arquitectos de España Obligation to insure? Obligation in some regions for technical Partial for promoters Legal Obligation to insure? For architects, professional indemnity insurance in Andalusia, Basque Country and Catalonia. There are also legal obligation for professional societies. In the case of professional developers, there is a mandatory ten-year liability insurance, guaranteeing stability in residential buildings. (Spanish Act, L.O.E. 38/1999) | |
| Legal Basis: Commonly used Term and Conditions: Legal Regulation (articles 1591 and following of the Civil Code + LOE “Ley de Ordenacion de la Edificacion” 38/1999), jurisprudence and contracts) What are the requirements needed in order to obtain an Insurance?. Depending on the insurer: Registration order Claims history… Professional fees Calculation of insurance premium: Rate on the value of construction works Percentage of fees Risk type of works Bonus malus according to the history of the architect | Contractual liability: – Liabilities before and/or during the works: Yes in respect of the budget, in respect of delays, for any defects. Tort and contractual liabilities. – The end of the construction phase as a point of departure for a period of specific liabilities? Yes, Acceptance Certificate, even verbally. Liabilities after work: Contractual Liability 5 years for any defect. (10 years in Catalonia) Harm to the structure (to its soundness or stability): Yes, 10 years (material destruction) Unsuitability for the function: Yes, 3 years Hidden defects: Yes, 3 years but only for those that affect habitability. 1 year for execution defects |
| Forms of Insurance contract: – Subscription contract for all liabilities in a predefined period – Cover for architect in a specific project (very difficult) | Joint and several (in solidum) liability: Yes, ART. 17 loe, no derogation is possible by contract. Does the insurer respond to a claims made or claims rising basis? Claims Made. However in some cases ’Claims Arising’ |
| Insurances / Agents: ASEMAS mostly, and others brokers | Duration of Liability: Professional client: Variable: 10, 3, 1 years; 5 years Consumer client: Variable: 10, 3, 1 years; 5 years Liability during and after construction: Contractual 5 years; tort liability 1 year, (10, 3 in Catalonia) |
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