Expert report regarding a building under construction in Palma del Río (Córdoba)

02 July 2025 - Office - Comments -

Hello everyone, 

Today, I present to you an expert report regarding a building under construction in Palma del Río (Córdoba).

2119_01_informe-pericial-edificio-en-constucción-en-palma-del-rio-arquitecto-raul-benitez
2119_02_informe-pericial-edificio-en-constucción-en-palma-del-rio-arquitecto-raul-benitez
2119_03_informe-pericial-edificio-en-constucción-en-palma-del-rio-arquitecto-raul-benitez

This project was carried out at RBM Architecture Studio whose author was architect Raúl Benítez Molina.

In June 2007, there was a construction permit issued in the name of a single developer who intended to build a multi-family residential building. However, due to cost issues, the project had to be halted. As this developer had a previous debt with our client, they reached an agreement to deliver 22.49% of the building's area (approximately 4 units), which had already been paid for by our client.

Subsequently, the developer was offered a deal by the City Council, which they accepted. Prior to this, there was a Temporary Business Union (UTE) agreement between the property owners at that time (the developer and our client) as required by the City Council as part of the agreement.

With this arrangement, the developer resumed construction, but the bank financing ran out before the project was completed, leading to another halt. The City Council decided not to proceed with the purchase of the properties.

As of April 2021, the building remained unfinished.

2119_04_informe-pericial-edificio-en-constucción-en-palma-del-rio-arquitecto-raul-benitez
2119_05_informe-pericial-edificio-en-constucción-en-palma-del-rio-arquitecto-raul-benitez

Following this and numerous investigations, various conlusions were reached:

- In all partial certifications of completed work, only the developer is mentioned, and our client is never mentioned.

- Some of the certifications contain errors, as they omitted certain aspects of the project or the total of the work items did not match the totals in other certifications.

- All certifications fail to comply with the law (LOE) as they are either not signed or have not been endorsed by all the relevant professionals.

- Invoices with imprecise concepts or lacking a breakdown of work units that would allow verification of the execution.

- Most invoices do not provide the correct and complete location information that links them to the building.

- Invoices with concepts that are repeated with other suppliers.

2119_06_informe-pericial-edificio-en-constucción-en-palma-del-rio-arquitecto-raul-benitez

As a result of all the above, the developer decided to initiate legal proceedings to demand a second payment from our client for their properties, which they had already paid for and acquired through legal documentation. The four units were acquired with the condition that they would be delivered finished, not under construction. The developer, facing financial difficulties, began demanding compensation, thereby violating the agreements in the contracts.

Subsequently, the case went to court, and our client received a favorable response to the developer's claims.

 

Best regards.

Raúl Benítez.

 

+34 647698027 / +34 958192320

 

info@arquitectoraulbenitez.es


 

Share it 
Previous Next