Making a Claim for Commercial Property Damage due to Water Intrusion
Although most claims for compensation for the loss of business due to water intrusion would be made against a commercial property´s own insurance company, when the water intrusion is due to a construction defect, a compensation claim for the inadequate waterproofing of an office block is made against the constructor of the building.
Making a claim for commercial property damage due to water intrusion under these circumstances is often a complex procedure – with it being necessary for those affected by the construction defect having to prove that the constructor´s lack of care or the use of substandard materials was responsible for water intruding into the property.
This most often involves having an expert engineer review the defects which are affecting the property. However, should the claim for commercial property damage due to water intrusion go to litigation, the expert engineer also has to be an expert witness to ensure that the compensation claim for the inadequate waterproofing of an office block is successful.
For this reason, it is in your best interests to contact a construction defects lawyer as soon as water intrusion is detected that may be attributable to a faulty design, substandard materials or poor workmanship.
Making a Compensation Claim for the Inadequate Waterproofing of an Office Block
A compensation claim for the inadequate waterproofing of an office block is made by the owner of the building for their property damage and for the property damage experienced by any tenants that are affected by the construction defect. Both the owner and commercial tenants can also claim compensation for their financial losses if the construction defect results in the closure or interruption of their business.
The process for making a claim for commercial property damage due to water intrusion starts with a “Notice of Commencement of Legal Proceedings”. Most often this is followed by a period of mediation, during which a resolution of the claim is attempted before it has to go to litigation. Throughout the mediation period, your lawyer will try to organize a satisfactory repair schedule, and quite often a successful resolution to your claim will be achieved this way.
Court action is usually a last resort to recover compensation for the loss of business due to water intrusion, and most frequently revolves around who is going to pay for the repairs to the property. It may not be the property´s constructor who is at fault in a compensation claim for the inadequate waterproofing of an office block, but the designer of the building, the supplier of the building materials or a sub-contractor against whose insurance policy a claim might have to be made.
Time Limits for Claiming Compensation for the Loss of Business due to Water Intrusion
It may be many years after taking occupancy of an office block that signs of inadequate waterproofing begin to manifest. Mold, mildew and poor indoor air quality are all indicators that water is intruding into an office block, and although these symptoms of inadequate waterproofing can manifest within 48 hours of water intrusion, it might take a particularly heavy storm or the wind blowing violently from one specific direction before the conditions are right for the symptoms of water intrusion to develop.
Inadequate waterproofing is categorized as a “latent defect” – a construction defect that could not have been reasonably identified at the time the office block was constructed – but in some states you allowed just one year from the date of “substantial completion” in which to make a claim for commercial property damage due to water intrusion when the cause of the property defect is substandard materials.
There are also time limits for how long after the symptoms of inadequate waterproofing are identified that the “Notice of Commencement of Legal Proceedings” must be sent to the constructor of the office block. Consequently, once a construction defect is suspected, you should speak with a construction defects lawyer at the earliest possible opportunity in order that an expert engineer can be appointed and begin their investigations.
If there is an unreasonable delay in making a compensation claim for the inadequate waterproofing of an office block, the claim will be time-barred. Even if it is within the time allowed to make a claim for commercial property damage due to water intrusion, how much compensation for the loss of business due to water intrusion you receive may not be sufficient to recover your losses if the defect has been allowed to deteriorate – and cause more damage – than at the time it was first identified.
Speak with us about Making a Claim for Commercial Property Damage due to Water Intrusion
If you have suffered damage to your commercial property due to inadequate waterproofing, and you would like to find out more about making a compensation claim for the inadequate waterproofing of an office block, you are invited to call our construction defects helpline discuss the nature of your property damage with an experienced construction defects lawyer.
When you speak with one of our construction defects lawyers, you will receive valuable legal advice about making a compensation claim for the inadequate waterproofing of an office block based on years of experience in helping business owners who have been in exactly the same position as you are now.
However, you are under no obligation to proceed with a claim for commercial property damage due to water intrusion or act on any of the suggestions we make. Our intention is to provide you with the advice you need so that you are able to make an informed decision about whether you have a compensation claim for the inadequate waterproofing of an office building which is worth your while to pursue.
Disclaimer: Please note that no two claims for compensation for the loss of business due to water intrusion are the same. Consequently nothing in the above article should be interpreted as legal advice or as creating a lawyer-plaintiff relationship. You should always seek independent legal advice from a construction defects lawyer when making a claim for commercial property damage due to water intrusion.