Claims for Property Damage Caused by Negative Slope, Incorrect Grading and Faulty Drainage
Claiming compensation for faulty drainage in an apartment block can be a major process – not necessarily because of liability issues, but due to conducting expert inspections for potential water damage to the foundations or external structure of the apartment block as well.
Faulty drainage often results from incorrect grading and negative slope, so that waste water runs towards the property rather than away from it, or can be caused by the settlement of the ground beneath the property – indicating a different type of construction defect is responsible for the faulty drainage.
Due to the potential costs of repairing damage to properties caused by faulty drainage, some insurance policies may have insufficient coverage to settle compensation claims for property damage caused by negative slope or compensation for incorrect grading, and it may well be the case that claims have to be made against several parties in order for the funds to be available to correct the drainage issues.
Time Limits for Claiming Compensation for Incorrect Grading
You would imagine that claims for compensation for faulty drainage in an apartment block would arise fairly soon after the complex had been completed; but sometimes it may be many years for to damage to the property to manifest. Mold, mildew and poor indoor air quality are all indicators that water is intruding into the property, and it might take particularly heavy rainfall for it to become apparent where the water is entering the building.
Faulty drainage is considered to be a “latent defect” – a construction defect that could not have been reasonably identified at the time the apartment block was built – and therefore apartment owners have ten years from the date of “substantial completion” in which to make claims for property damage caused by negative slope, incorrect grading and faulty drainage
There are also limits relating to how long after the faulty drainage, negative slope or incorrect grading is identified that a “Notice of Commencement of Legal Proceeding” must be sent to the constructor of your apartment block. Once a construction defect is suspected, you should speak with a construction defect lawyer as soon as possible so that expert investigations can begin into the extent of the damage. If you delay for an unreasonable amount of time, it may be possible that any potential claim for compensation for faulty drainage in an apartment block is time-barred.
Claiming Compensation for Faulty Drainage in an Apartment Block
Your potential claim for compensation for property damage caused by negative slope, incorrect grading or faulty drainage is likely to be pursued by your Property Owners Association on behalf of all the owners affected by the construction defect. Just because the owner of an upper floor apartment does not have water seeping into their property, it does not mean they are unaffected by water damage to the foundations and exterior structure.
The name given to a group legal action against a property constructor is the “Calderon Process”. It initially involves the Property Owners Association and constructor attempting to resolve the drainage issue by mediation. However, if you are living in a ground floor apartment which is uninhabitable because of water intrusion, the 180-day mediation process will understandably not be acceptable to you.
Claims for property damage caused by negative slope, incorrect grading or faulty drainage can be accelerated under the Davis-Stirling Common Interest Development Act (the legislation which governs compensation for faulty drainage in an apartment block) and you should discuss claiming compensation for incorrect grading, faulty drainage or negative slope with a construction defect lawyer at the earliest practical opportunity.
Speak with a Lawyer about Claiming Compensation for Incorrect Grading, Faulty Drainage or Negative Slope
If you have suffered property damage due to any form of water intrusion, and would like to find out more about claiming compensation for incorrect grading, faulty drainage or negative slope, you should discuss the damage your property has sustained with an experienced construction defects lawyer on our free construction defect legal advice service.
By speaking with a member of our team, you will get valuable advice about claiming compensation for faulty drainage in an apartment block to establish whether you have claims for property damage caused by negative slope or are eligible for compensation for incorrect grading.
All calls to our construction defect legal advice service are confidential and, by calling our free legal advice service, you are not under any obligation to proceed with claims for property damage caused by negative slope or to act on any of the legal advice we provide. We aim to guide you through the difficult process of claiming compensation for faulty drainage in an apartment block – ensuring a quick resolution to your claim for the maximum compensation you are entitled to.
Disclaimer: Please note that no two compensation claims for property damage caused by negative slope, faulty drainage or incorrect grading are the same. Consequently nothing in the above article should be interpreted as legal advice or as forming a plaintiff-lawyer relationship. You should always speak with a construction defects lawyer to receive professional advice about claiming compensation for construction defects.