Compensation for Damp Caused by Inadequate Waterproofing

Claiming compensation for the inadequate waterproofing of an apartment block is often a complex procedure when a lengthy period of time has elapsed between the construction of the property and the defect being identified.

The signs of damp may take many years to manifest. When damp is found in a property, a claim for compensation for damp caused by inadequate waterproofing has to demonstrate that the defect was present at the time of construction and that it is attributable to poor design, poor materials or poor workmanship.

A claim for water intrusion due to inadequate waterproofing may also be contested by the constructor´s insurance company – who will want to see proof from a construction expert that the defect in the apartment block is due to negligence – and, even when claims are settled, it may still take a lot of time (and a lot of inconvenience) to have the defect repaired.

Time Limits for Claiming Compensation for the Inadequate Waterproofing of an Apartment Block

Mold, mildew and poor indoor air quality are all indicators that water is intruding into the apartment block, and although these symptoms of inadequate waterproofing can manifest within 48 hours of water intrusion, it could take a particularly heavy storm or the wind blowing violently from one specific direction before the conditions are right for the indicators to develop.

Inadequate waterproofing is categorized as a “latent defect” – a construction defect that could not have been reasonably identified at the time the apartment block was constructed – and therefore a claim for water intrusion due to inadequate waterproofing must be made within ten years of “substantial completion”.

There are also time limits for how long after the indicators of inadequate waterproofing are identified that a “Notice of Commencement of Legal Proceedings” must be sent to the constructor of your apartment block. Consequently, once a construction defect is suspected, you should speak with a construction defects lawyer at the earliest practical opportunity in order that expert investigations can commence.

If you delay claiming compensation for the inadequate waterproofing of an apartment block beyond a reasonable time, it may be possible that any potential claim for water intrusion due to inadequate waterproofing is time-barred. It may also be possible that the settlement of compensation for damp caused by inadequate waterproofing does not fully cover the cost of repairs if the defect deteriorates much beyond its state at the time it was identified.

Making a Claim for Water Intrusion due to Inadequate Waterproofing

A claim for water intrusion due to inadequate waterproofing is usually pursued by a Property Owners Association (POA) on behalf of all the owners affected by the construction defect. Although owners of upper floor apartments might not be suffering from the mold, mildew and poor indoor air quality that has manifested in ground floor apartments, it does not mean they are unaffected by damage to the foundations and exterior structure of the apartment block.

The name given to a group legal action against a constructor is the “Calderon Process”. It initially involves the POA and constructor trying to resolve the waterproofing issue by mediation. However, if you are living in an apartment which is uninhabitable because of damp and poor air quality, the 180-day mediation process will understandably not be one you want to wait for.

A claim for water intrusion due to inadequate waterproofing can be accelerated under the Davis-Stirling Common Interest Development Act (the legislation which governs compensation for the inadequate waterproofing of an apartment block), and if you wish to claim compensation for damp caused by inadequate waterproofing under this Act, it is advisable that you speak with a construction defects lawyer straight away.

Speak with us about Claiming Compensation for the Inadequate Waterproofing of an Apartment Block

If you have suffered property damage due to inadequate waterproofing, and you would like to find out more about claiming compensation for the inadequate waterproofing of an apartment block, you are invited to call our construction defect advice service and discuss the damage your property has sustained with an experienced construction defects lawyer.

When you speak with a member of our team, you will receive practical and impartial advice about claiming compensation for damp caused by inadequate waterproofing and find out what needs to be done in order to proceed with a claim for water intrusion due to inadequate waterproofing – although you are under no obligation to proceed with a claim once you have spoken with us.

All calls to our construction defect legal advice service are confidential and, when you contact us, we will aim to guide you through the potentially complex process of claiming compensation for the inadequate waterproofing of an apartment block so that you are in an informed position to determine whether or not you have a claim for water intrusion due to inadequate waterproofing which is worth your while to pursue.

Disclaimer: Please note that no two claims for compensation for the inadequate waterproofing of an apartment block are the same. Consequently nothing in the above content should be interpreted as legal advice or as creating a plaintiff-lawyer relationship. You should always seek professional legal advice from a construction defects lawyer when claiming compensation for damp caused by inadequate waterproofing.