Claims for a Lack of Adequate Firewall Protection
The distressing thing about claiming compensation for inadequate firewall protection in an apartment block is that claims for a lack of adequate firewall protection most often arise only after there has been a serious fire, and you have lost a substantial amount of property or – worse still – suffered a personal injury.
Unlike many other construction defect claims, a lack of adequate firewall protection is rarely obvious until a traumatic event occurs. The consequences of a lack of protection against fire are far more serious than a fault which can be remedied without too much inconvenience or loss of value of your property – and, when a fire has developed and spread from a neighbor’s property due to inadequate firewall protection in an apartment block, recovering compensation can be extremely complicated.
Your homeowner insurance policy is likely to have exclusions which reserve the right of the insurance company to compensate you for your physical loss if a fire has damaged your home due to a construction defect. Consequently, it may be necessary to claim compensation for the lack of protection against fire from the constructor of your property or the subcontractor responsible for the lack of adequate firewall protection.
Time Limits for Claiming Compensation for Inadequate Firewall Protection in an Apartment Block
One of the reasons why claims for compensation for inadequate firewall protection in an apartment block are so complicated is that there are time limits within which claims for a lack of adequate firewall protection have to be made (known as the “Statute of Limitations”. Faulty firewalls are considered to be “latent defects” (defects which could not have been identified by reasonable inspection) and, because a lack of adequate firewall protection would not be something that you would ordinarily notice, you are allowed a longer period of time than some other forms of construction defects in which to make a claim.
Under the California Code of Civil Procedure §337.15 you are allowed up to ten years from the date of “substantial completion” to claim compensation for a lack of protection against fire, provided that no different time limits were written into the property constructor´s contract. Therefore, provided the fire in your building which damaged your home started within ten years of construction, it is more than likely that you will be able to claim compensation for inadequate firewall protection in an apartment block.
Claiming Compensation for a Lack of Protection against Fire
If your potential claim for compensation for a lack of protection against fire falls within the ten-year Statute of Limitations, the usual process for a group of property owners to claim compensation against a constructor for latent construction defects is called the “Calderon Process”. This process involves a property owners association and the constructor of the apartment block meeting with the intention of remedying the fault that has manifested or been discovered.
For property owners in your apartment development that have not had their property damaged by a fire, this mediation process is acceptable. However, in the case of a fire damaging your home and destroying your possessions, claims for a lack of adequate firewall protection should not be delayed by this process (the constructor is allowed 180 days to present an acceptable resolution) and you should speak with a construction defects lawyer at the earliest possible opportunity.
Under the Davis-Stirling Common Interest Development Act (the laws which affect claims for a lack of adequate firewall protection in a multi-occupancy development) alternative dispute resolution is not mandatory for claims with a potential value in excess of $5,000, and a lawyer will be able to accelerate your receipt of compensation for inadequate firewall protection in an apartment block so that you will be able to replace your possessions once your home is made habitable.
Speak with a Lawyer about Compensation for Inadequate Firewall Protection in an Apartment Block
If you have suffered property damage due to the lack of adequate firewall protection, and would like to know more about claiming compensation for a lack of protection against fire, you are invited to call our free construction defect legal advice service and discuss the nature of your property damage – and the consequences you have suffered – with an experienced construction defects lawyer.
Our construction defect legal advice service will allow you to receive practical legal advice about claiming compensation for inadequate firewall protection in an apartment block and help determine whether you qualify for compensation under the terms and conditions of your property constructor´s insurance policy, and whether you are within the Statute of Limitations to make compensation claims for a lack of adequate firewall protection.
Your call to us is completely confidential, and you will not be under any obligation to proceed with claims for a lack of adequate firewall protection or to act of any of the advice we have to offer. Our aim is to guide you through the complexity of claiming compensation for a lack of protection against fire – ensuring that your claim is settled for the maximum amount possible – in order that you can return to enjoying the comforts of your home in the shortest amount of time.
Disclaimer: Nothing in this article should be interpreted as legal advice or as forming a plaintiff-lawyer relationship. No two compensation claims for a lack of adequate firewall protection are identical, and therefore the content of this article is no substitute for speaking directly with a construction defects lawyer and discussing your own individual circumstances.