How to Claim for Property Damage due to Faulty Siding
Claiming compensation for faulty siding on an apartment block can be fraught with frustrations. A successful claim for property damage due to faulty siding has to determine that either the materials used for the siding were faulty or the installation of the materials was faulty, and you can be sure that neither the supplier of the siding materials nor the constructor that installed them will be willing to accept liability.
Faulty siding can have serious consequences to both the value and the structural integrity of a property. It can be caused by poor quality materials, or how good quality materials have been nailed, flashed, caulked and painted. The most frequent sign of faulty siding is dry rot and, depending on the humidity of the area in which you live, the fungi that cause dry rot might not invade your property through the siding for many years after it has been installed.
To determine whether owners within an apartment block are entitled to claim compensation for a faulty siding construction defect, a lawyer would engage the services of an expert engineer. The expert engineer would be expected to establish whether the materials used in the siding or the installation of the materials is to blame for the construction defect, and thereafter act as an expert witness to support the merits of a claim for property damage due to faulty siding.
Time Limits for Claiming Compensation for a Faulty Siding Construction Defect
If you identify dry rot in the siding of your property, and you believe that it may be due to a construction defect, it is your best interests to contact a lawyer straightaway. The industry term for faulty siding is a “latent defect” – a defect that would not have been identified with reasonable care at the time the apartment block was completed. Consequently owners intending to claim compensation for faulty siding on an apartment block have ten years to do so from the date of “substantial completion”.
Time limits also exist for how long owners have to send the party responsible for the defect a “Notice of Commencement of Legal Proceedings”. This is the first stage for claiming compensation for a faulty siding construction defect and it initiates a process in which a negotiated resolution is attempted before the claim for property damage due to faulty siding reaches litigation. The time limits for the “Notice of Commencement of Legal Proceedings” will vary depending on the location of the apartment block.
Failure to initiate a claim for property damage due to faulty siding within the specified time limits could see the claim time-barred; and, if a claim for compensation for a faulty siding construction defect is delayed unnecessarily, it could result in the settlement of the claim being insufficient to fully repair the damage to the property – if the fault has deteriorated substantially since it was first identified.
Claiming Compensation for Faulty Siding on an Apartment Block
A claim for compensation for faulty siding on an apartment block is usually initiated by the Property Owners Association (POA) on behalf of all the owners of the property. Even when the damage to the property affects only those with properties facing in a specific direction, all the owners within the apartment block will see a reduction in the value of their properties if the dry rot issues are not resolved.
When a POA initiates a claim for property damage due to faulty siding against the negligent party, it is referred to as the “Calderon Process”. This is a process whereby the POA and the negligent party attempt to resolve the faulty siding damage by negotiation. However, if you are the owner of a north-facing apartment that is uninhabitable because the dry rot has developed throughout your property, it is understandable that the 180-day negotiation process is not one you will be particularly happy about.
The process for recovering compensation for faulty siding on an apartment block can be speeded up by applying the Davis-Stirling Common Interest Development Act (a law which governs compensation for a faulty siding construction defect); and, if you wish to take advantage of this law to claim for property damage due to faulty siding, it is advisable that you speak with a construction defects lawyer at the first possible opportunity.
Contact us about Claiming Compensation for a Faulty Siding Construction Defect
If dry rot appears in the siding of your property, and you believe that the damage is attributable to faulty materials or negligent workmanship, you are invited to call our construction defects information helpline and discuss the damage to your property with an experienced construction defects lawyer.
Our lawyers will be able to provide you with advice about claiming compensation for faulty siding on an apartment block and inform you about the procedures that have to be completed before a claim for property damage due to faulty siding can be initiated.
There is no obligation on you or your POA to proceed with a claim for property damage due to faulty siding once you have spoken with us, and all calls to our construction defects information helpline are totally confidential.
Our goal is to provide you and your POA with the details you need in order to make an informed decision about whether you have a claim for compensation for faulty siding on an apartment block which is worth your while to pursue.
Disclaimer: No two claims for compensation for faulty siding on an apartment block are the same. We advise all property owners to seek independent legal advice relevant to their situation directly from a construction defects lawyer. Consequently nothing in the article should be considered as legal advice or as a lawyer-plaintiff relationship.