For decades, the construction sector has understood that the main legal responsibility of a builder, architect or engineer was limited by the so-called ten-year liability, enshrined in article 1792 of the Dominican Republic Civil Code, which establishes the obligation to answer for 10 years for the total or partial ruin of a building when it comes from construction defects or the soil.
This guarantee has historically been a cornerstone of legal protection for property owners and the safety of buildings. However, in the real legal landscape, the risk for those involved in a construction project is not limited solely to this civil liability.
The ten-year liability remains fully in force and protects owners against serious structural defects. However, when negligent conduct goes beyond the scope of the contract and results in injuries, loss of life, or significant damage, criminal liability may arise, separate from civil liability.
Article 112 of the Penal Code strengthens the system of responsibility for conduct that, by action or omission, produces criminally relevant consequences.
This is particularly significant in the construction sector because it shifts the analysis from mere civil redress to possible criminal liability for non-compliance with technical and safety standards, which reinforces the need for technical supervision.
Although the Penal Code does not regulate the time frame for those who build, as provided for in the Civil Code, it does strengthen the possibility of demanding criminal liability from architects, engineers, contractors, developers, supervisors and even legal entities when negligent, reckless or unlawful conduct produces consequences that constitute a crime.
This reality should prompt deep reflection throughout the sector.
The best legal defense for a builder no longer consists solely of delivering a finished work, but in being able to demonstrate, through objective evidence, that each stage of the project was executed in accordance with the approved design, technical standards, contractual specifications and good engineering practices.
In that context, rigorous technical supervision takes on a strategic dimension and reduces the likelihood of future conflicts.
Each laboratory test, each inspection, each release of items, each photographic record and each technical report can become, years later, the main evidence to prove that the work was carried out with the required professional diligence.
Therefore, it is essential that construction companies evolve towards genuine technical compliance programs. The construction industry needs to strengthen internal protocols that ensure ongoing compliance with technical, environmental, labor, contractual, and safety regulations.
Today, construction can no longer rely solely on the experience of its professionals. It must be based on verifiable processes, documented controls, and auditable systems that allow for proof, at any time, that the work was carried out in accordance with the law and current technical standards.
The construction sector faces a new paradigm.
Today, a construction defect can generate, in addition to the traditional civil consequences, criminal liabilities when the facts constitute a crime according to the Penal Code.
In the Dominican legal system, building correctly is not just a good professional practice: it is a technical obligation and a legal necessity.
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