Court of Appeal Overturns Decision in Construction Dispute

Our firm successfully represented a homeowner before the Court of Appeal in a case involving serious construction defects and issues of professional responsibility. Represented by our Partner, Avgoustinos Tsarkatzis, the client achieved a favourable judgment, with the appellate court overturning the first-instance decision in full.

The dispute arose after the District Court dismissed the client’s claim, holding that the architect could not be held liable, as construction had begun before the issuance of a building permit. The court reasoned that the architect’s supervisory duties had not yet crystallised in the absence of that permit.

The Court of Appeal unanimously reversed this finding. It accepted that the architect had indeed undertaken to supervise the construction and failed to perform this duty with the required diligence. The Court clarified that a professional’s duty of care exists independently of the formal timing of permit issuance and is not nullified by procedural oversights. Expert testimony confirmed the existence of extensive construction defects, inadequate supervision, and unexecuted works.

As a result, the Court of Appeal awarded our client damages exceeding €77,000, covering repair costs, unexecuted work, and materials purchased. Legal interest and fees were also granted.

This decision reinforces the obligations of professionals involved in the design and supervision of construction projects. It affirms that responsibility cannot be avoided simply due to procedural gaps where clear commitments have been undertaken.

At Christos Patsalides LLC, we are proud to have secured a fair outcome for our client and contributed to the development of legal standards in construction and professional liability.