Peñas Blancas Propiedad Horizontal requested the change and/or repair of the facade of the building (estimated cost COP $ 9,000,000,000) by virtue of the product warranty, due to alleged quality defects. Both the Superintendency of Industry and Trade (1 instance) and the Superior Court of Bogotá (on appeal) rejected the claims considering that the “prescripción” (statute of limitations) of the consumer protection action had operated to the extent that the facade is a non-structural element, which therefore is not covered by the ten-year guarantee of article 2060 of the Civil Code.
