Hi,
I completed the purchase of an apartment in mid July, floors went down mid September.
Mid October I realised I had a major leak from somewhere in the bathroom. The floors throughout most of the apartment will have to be replaced, walls repaired and also the wardrobe.
A plumber that was on site came and said it was an issue with the cistern of the toilet. They repaired it there and then.
The builders are refusing to pay for the replacement of the floors (they will sort the wall and the wardrobe), claiming it was a manufacturing issue, not an installation one, and suggest I claim it from the block policy. But there is an excess of €500 on the policy.
I spoke to my solicitor who believes the buliders are liable as they should have ensured the apartment was fitted with products to the correct standard.
As far as I'm concerned I should not be out of pocket for this. I'd prefer to avoid claiming from the block policy as I do feel the builders should be covering this, but I'm wondering am I right on this? Who is liable in such a situation?
Thanks
It sounds like a degree of buck-passing has gone on and this is normal in such cases.
From the outset, please note when reviewing my comments hereunder that I'm not trying to level any accusations.
My experience of remedial works and claims suggests that questions will need to be asked to establish the facts of the matter, one way or another.
With a downside of only €500 the simplest thing for you may be do refer it to your insurer as this sounds like a potentially large claim and liability is not fully determined.
The solicitor is the only professional acting for you and we assume he is competent to do his part in this situation.
However he is not a building professional which seems to leave you somewhat under-represented.
I think you also need an architect and perhaps a mechanical and electrical engineer to; -
The insurer will probably request a loss assessor's report and the loss assessor will be trying to limit any pay-out.
- establish the cause of the original fault
- review the remedial measure undertaken
- review water damage to the apartment
- review water damage to other services
- agree the level of remedial works now required
- represent your interests with the loss assessor.
Your building professionals should be there to make sure you get your fair dues under the contract, which should include their fees.
They should request a comprensive recommissioning of services, particularly electrical services in the apartment and check any defective insulation is replaced.
The solicitor can best advise on the other parties' liability under the purchase contract/lease or your own liability in this matter.
You may not have considered the latter, but if the leak occurred in your apartment after you moved in and if it went unnoticed for some time you may bear some liability yourself.
Acting in a timely manner to reduce loss is a basic principle.
This is especially so in apartment developments where the issue may impact on other occupancies and the management company may become involved.
For example, if the product was from a reputable supplier and was installed in a competent manner by a registerd plumbing contractor, there is a question as to what, if anything, went wrong with the product and whether any liability may arise from possible improper use occassioned by you or visitors to your apartment.
Your architect can also attend and inspect the remedial works to ensure that the apartment has been allowed to properly dry out before any new materials are fitted - building-in moisture is never a good idea.
Finally you may need to organise alternative accommodation for yourself while all the work is being done and you should see if this is covered under your policy.
Take note that this is not an exhaustive or definitve comment in relation to the above and any and all matters discussed are subject to inspection.
FWIW
ONQ.
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