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Question of fault

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  • 12-09-2006 9:51am
    #1
    declanoneill
    Closed Accounts Posts: 351 ✭✭


    I'm not sure if this should be in the legal forum, but here goes:

    It's possible that a pipe under our floor is leaking down onto the apartment below. If this is the case it's been like that pretty much since we moved in (~6 months ago). The builders don't seem too pushed about fixing this.

    Are the builders obligated to fix it, or should the cost be falling to me?


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    #2
    bullrunner
    Closed Accounts Posts: 383 ✭✭bullrunner


    the builders should fix it....but i think that the mgmt co would prob be responsible for fixing it (get your legal contracts checked for where onwership begins/ends)


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    #3
    declanoneill
    Closed Accounts Posts: 351 ✭✭declanoneill


    In the process of that now. Thanks though.


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    #4
    Victor
    Registered Users Posts: 78,392 ✭✭✭✭Victor


    Under any normal building contract, yes its the builder's problem, unless proved otherwise.

    Under a floor / over a ceiling could mean the water could be coming through anywhere.

    Do you have a leaky water bed near this position?


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    #5
    irlirishkev
    Registered Users Posts: 2,505 ✭✭✭irlirishkev


    The cost should definitely not be falling to you.

    The pipe is under your floor in an apartment building. You've no access to it.

    I had a pipe burst behind my kitchen wall a few weeks back, and it flooded my kitchen and the apartment below me. Like you, I'd no access to the pipe. I had to get the management company to break through the plaster and fix the pipe.

    It's covered by building insurance. Your management company should be able to confirm that. Strictly speaking, as it's such a young building, the builders should be willing to sort it out, but as you've indicated, they're not interested.


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    #6
    babaduck
    Registered Users Posts: 488 ✭✭babaduck


    It should be covered under the standard 6 month minor/18 month major warranty given by the builder in your contract of sale. Keep nagging them - I know if it was one of our developments, we're still going back 2 years later because we haven't handed over the management company to the residents yet (development still ongoing...)


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    #7
    declanoneill
    Closed Accounts Posts: 351 ✭✭declanoneill


    Thatks for all the replies. I'll let the builders/management agents sort it out
    babaduck wrote:
    It should be covered under the standard 6 month minor/18 month major warranty given by the builder in your contract of sale. Keep nagging them - I know if it was one of our developments, we're still going back 2 years later because we haven't handed over the management company to the residents yet (development still ongoing...)

    Our development is still ongoing, and will be until about 2009.
    victor wrote:
    Do you have a leaky water bed near this position?
    :D
    (No.)


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