Compensation Claim for Cracks in the Foundations of an Office Block

Claiming Compensation for Commercial Property Damage due to Cracks in the Foundations 

Making a compensation claim for cracks in the foundations of an office block is rarely straightforward. Foundations in all buildings crack over time, and minor cracks are often no reason for alarm. Substantial cracks however – those more than a ¼ inch wide – is usually a sign of significant ground movement caused by inadequate soil compaction, and can result in serious structural damage.

A successful claim for compensation for commercial property damage due to cracks in the foundations has to proof that mistakes were made during the preparation of the soil surrounding the foundations, that the materials that were used in the construction of the foundations were not of suitable quality or that mistakes were made when the foundations were laid which caused the foundations to shift and crack.

The success of a claim for foundation cracks due to a construction defect also depends on there being an insurance policy against which to claim. Most claims will be made against the main constructor of the office block; but the main constructor may dispute the claim on the grounds that the party responsible for the construction defect is a sub-contractor or the supplier of the building materials – thus further complicating the compensation claim for cracks in the foundations on an office block.

Making a Claim for Foundation Cracks due to a Construction Defect

A compensation claim for cracks in the foundations of an office block is usually made by the property owner on behalf any tenants who conduct business in the building when they have suffered property damage or a financial loss. The landlord makes one claim for compensation for commercial property damage due to cracks in the foundations to recover everybody´s losses of property or income, and then settles with his or her tenants once the claim is resolved.

The process for making a claim for foundation cracks due to a construction defect begins with a “Notice of Commencement of Legal Proceedings” being sent to the developer of the office block. This is normally followed by a period of mediation, during which time potential solutions to the foundation cracks are discussed before the case goes to litigation. Throughout the mediation period, a construction defects lawyer will try to organize a satisfactory repair schedule and compensation for your loss of income, and frequently a successful conclusion of the claim will be achieved in this manner.

Legal action is usually the last resort to recover compensation for commercial property damage due to cracks in the foundations, and often concerns who is going to pay for the repairs to your property and compensate you for your loss of income rather than determining whether you have a viable claim. Indeed, it may not be the constructor of the office block who is at fault in a compensation claim for cracks in the foundations of an office block, but a sub-contractor or the supplier of the building materials used in the project.

Time Limits for Claiming Compensation for Commercial Property Damage due to Cracks in the Foundations

Speaking soon with a lawyer about making a compensation claim for cracks in the foundations of an office block is important because time limits exist in which to make your claim. Foundation cracks are referred to as “latent defects” in the construction industry – defects which could not “reasonably” have been identified at the time the office block was first occupied – and therefore a claim for foundation cracks due to a construction defects has to be made within the Statute of Limitations for latent defects in your state – usually within ten years of “substantial completion”.

Time limits also exist for how long after foundation cracks have been identified the constructor of the office block must be sent the “Notice of Commencement of Legal Proceedings”. Again this will vary according to the state´s Statute of Limitations or county´s Building Code; and if there is any avoidable delay in advising the property constructor of your intention to claim compensation for commercial property damage due to cracks in the foundations, you claim may be time-barred.

Speak with us about Making a Compensation Claim for Cracks in the Foundations of an Office Block

If you have suffered property damage or a loss of income due to cracks appearing in the foundations of your office block, and you would like to find out more about claiming compensation for commercial property damage due to cracks in the foundations, you should contact our construction defects helpline and discuss the problems you are experiencing with an experienced construction defects lawyer.

Once you have explained the problems you have with your commercial property, you will be given practical legal advice about claiming compensation for commercial property damage due to cracks in the foundations and informed of the reports and inspections that need to be completed before it is possible to proceed with a claim for foundation cracks due to a construction defect.

All calls to our construction defects helpline are entirely confidential and you are under no obligation to continue with a claim for foundation cracks due to a construction defect once you have spoken with us. Our intention is to guide you through the frequently complex process of making a compensation claim for cracks in the foundations of an office block so that you are in a position from which to decide whether you have a claim for foundation cracks due to a construction defect which is worth your while to pursue.

Claims for compensation for commercial property damage due to cracks in the foundations are often contested by the constructor´s insurance company and, even when claims are satisfactorily settled, it may still take a considerable period of time before the defect is repaired. Expedite your compensation claim for cracks in the foundations of an office block by contacting our construction defects helpline today!

Disclaimer: Please note that every compensation claim for cracks in the foundations of an office block is unique.  Consequently nothing in this article should be interpreted as legal advice or as developing a lawyer-plaintiff relationship. You should always seek independent legal advice from an experienced construction defects lawyer.