Valparaíso Court Halts Demolition of Poduje’s Properties in Viña del Mar, Orders Technical Report from Engineering Expert

Original article: Juzgado de Valparaíso paraliza demolición de Poduje en Viña del Mar y pide informe técnico de «perito ingeniero o constructor civil»

On Friday, June 19, various national media outlets reported a significant judicial setback for Housing Minister Iván Poduje regarding his directive to demolish 170 homes in the El Olivar neighborhood, one of the areas affected by the 2024 megafire, citing «construction flaws».

According to a report from the morning daily La Tercera, the 2nd Court of Guarantee of Valparaíso, in response to a request from the attorney of Constructor San Sebastián, ordered a technical report from a «qualified engineer or civil builder» as a pre-trial evidentiary measure.

It is important to note that the homes Poduje plans to demolish were built by Constructor San Sebastián, who have filed a lawsuit against the state secretary. The company asserts that they executed «exactly the project approved by Serviu».

In this context, attorney Jaime Barrientos explained to La Tercera that the demolition by the Ministry of Housing (Minvu) «would lead to the irreversible destruction of material evidence necessary to demonstrate my client’s proper contractual compliance, while also unlawfully altering the burden of proof that belongs to Serviu Valparaíso regarding the alleged technical flaws and irregularities attributed to us».

Thus, Barrientos believes that «this is a favorable ruling, as Minister Poduje cannot proceed with his demolition plan».

«Firstly, it is stated that it is unlawful, contrary to regulations, and that his plan exceeds his authority, as do his subordinates. Secondly, impartial experts must be appointed to determine what was actually constructed and whether it matches the approved plans,» pointed out the attorney representing Constructor San Sebastián.

We will continue to provide updates. Read more about this issue:

«Serious Construction Flaws» That Never Existed: Legal Action Against Poduje for Malfeasance, Forgery, and Fraud in Housing Demolition Case in Viña del Mar

«A Serious Legal Violation»: Lawyer for Constructor San Sebastián Critiques Poduje Over Housing Demolition in Viña del Mar

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