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Newly built apartment leak associated with rain

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  • 07-09-2010 12:16am
    #1
    tecknopulse
    Registered Users Posts: 13 ✭


    Hi and thank you for taking the time to read my post.

    I bought a new apartment 9 months ago and I’m having a few problems with leaks after heavy rain.

    I'm now experiencing the 4th leak in 9 months. (2009 Build)

    The developers said they would foot the bill for the previous leaks. They fixed leaks which reoccurred however they wouldn’t pay for the internal damage to the carpet and curtains or the external uplifting of the balcony which relate to the leak. I was so glad that they stopped the leak that i was happy to cover the damage costs myself.

    Unfortunately last nights rain has brought about a new leak.

    I would be very grateful if anyone could advise me as to what action should take now.


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    #2
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    You'll get a better answer in Accomodation & Property where they are more experienced in this type of matter. Moved accordingly.

    dudara


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    #3
    havana
    Registered Users Posts: 752 ✭✭✭havana


    I had a similiar issue and it took a while but eventually they agreed to cover costs - so keep on at them. Who in the dev. co. are you in touch with? If necessary, go higher. Also, contact other residents, you may find you are not the only one who has had problems. Grouping together to move it forward can have better results.


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    #4
    Jennypops
    Registered Users Posts: 184 ✭✭Jennypops


    tecknopulse wrote: »
    Hi and thank you for taking the time to read my post.

    I bought a new apartment 9 months ago and I’m having a few problems with leaks after heavy rain.

    I'm now experiencing the 4th leak in 9 months. (2009 Build)

    The developers said they would foot the bill for the previous leaks. They fixed leaks which reoccurred however they wouldn’t pay for the internal damage to the carpet and curtains or the external uplifting of the balcony which relate to the leak. I was so glad that they stopped the leak that i was happy to cover the damage costs myself.

    Unfortunately last nights rain has brought about a new leak.

    I would be very grateful if anyone could advise me as to what action should take now.

    Hiya,

    If the damage was caused to internal areas because of the leak occuring in the common areas ie roof then by rights the developer should foot the bill for this, alternatively you could claim off the block policy insurance for which there would be an excess. The fact that this is an ongoing issue is very unfair on you especially if you are faced with having to pay for repairs to your apartment.
    Is there a mgt co in place? Have you spoken to any other residents to see if they are affected and what course of action they took? As the other poster noted if there are other units affected then the best way to deal with this is as a group.
    I worked in a mgt agent before for 2 years and the amount of leaks that would happen, starting in September and going right through to February was unreal, and a lot of them were down to plain bad building. And whoever thought that flat roofs in ireland is a good idea??!
    OP if you want any more advice please pm me, chances are I may know your development/builder and may be able to help further.


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    #5
    bobbysands81
    Registered Users Posts: 7,208 ✭✭✭bobbysands81


    Jennypops wrote: »
    Hiya,

    If the damage was caused to internal areas because of the leak occuring in the common areas ie roof then by rights the developer should foot the bill for this, alternatively you could claim off the block policy insurance for which there would be an excess. The fact that this is an ongoing issue is very unfair on you especially if you are faced with having to pay for repairs to your apartment.
    Is there a mgt co in place? Have you spoken to any other residents to see if they are affected and what course of action they took? As the other poster noted if there are other units affected then the best way to deal with this is as a group.
    I worked in a mgt agent before for 2 years and the amount of leaks that would happen, starting in September and going right through to February was unreal, and a lot of them were down to plain bad building. And whoever thought that flat roofs in ireland is a good idea??!
    OP if you want any more advice please pm me, chances are I may know your development/builder and may be able to help further.

    What happens in this situation when the builder has gone bust???


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    #6
    markpb
    Registered Users Posts: 9,304 ✭✭✭markpb


    bobbysands81 wrote: »
    What happens in this situation when the builder has gone bust???

    You could try Homebond.


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    #7
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    bobbysands81 wrote: »
    What happens in this situation when the builder has gone bust???

    Structural repairs would be covered by Homebond- and internal damage other than structural in nature- would normally be footed by the Management Company. Any damage to furniture/fixtures/fittings/personal possessions- it would be up to the individual person to claim from their own insurance (assuming they have insurance).

    S.


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    #8
    tecknopulse
    Registered Users Posts: 13 ✭tecknopulse


    Thank you all for your responses.

    I asked some of the residents about the problem today and nobody has experienced a problem with leaks (only 5 apartments have a roof), so I guess that we were just unlucky. I did however find another leak in the corridor outside our apartment which means that there is definitely an inherent problem with the build.

    The builders sent a company representative to have a look today. He suggested that there is a problem with the lead flashing on our roof and that they would repair it. I checked our legal documents and we have an agreement that all defects which occur within the first year of purchase will be "repaired" by the builders. Does this mean that any further leaks will go through the insurance?


    I was told that they would be onsite tomorrow to fix the problem however as the rain has ceased, so has the leak, for now. They have blamed lead flashing for all the leaks again.

    Thanks again for all the advice!


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    #9
    RATM
    Closed Accounts Posts: 3,591 ✭✭✭RATM


    OP I'm not advising you do or don't go down the legal route but if you have to Hussey Fraser are known as one of the best construction law practitioners in Ireland. I just know this from a few people who had to go down the legal route vs. developers and it worked out for them nicely.


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    #10
    tecknopulse
    Registered Users Posts: 13 ✭tecknopulse


    RATM wrote: »
    OP I'm not advising you do or don't go down the legal route but if you have to Hussey Fraser are known as one of the best construction law practitioners in Ireland. I just know this from a few people who had to go down the legal route vs. developers and it worked out for them nicely.

    Thanks for that info RATM! Ideally i would like to stay away from the legal route as I would be afraid that if i wanted to sell the property later on, all that information would be available to prospective purchasers and that I would be left in a position of being unable to sell as a result.


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    #11
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    tecknopulse wrote: »
    Does this mean that any further leaks will go through the insurance?

    In this instance- as in all past and future instances- your point of contact is the Management Company- not the builder, and not your insurance company. It is not up to you to chase this- that is partially what you are paying the management company for.......


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    #12
    havana
    Registered Users Posts: 752 ✭✭✭havana


    smccarrick wrote: »
    In this instance- as in all past and future instances- your point of contact is the Management Company- not the builder, and not your insurance company. It is not up to you to chase this- that is partially what you are paying the management company for.......

    While this nay be true, from experience I believe it is best to follow it up yourself. No one has more invested in this than you and in our situation, while the agent swere helpful they just didn't have the same dedication. We were 'lucky' in that it affected a few of us plus we had other issues so we had a bit of strength in numbers.

    OP what apartments is it, and who are the builders? PM me if you'd rather not post here.


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    #13
    Keith C
    Registered Users Posts: 1,121 ✭✭✭Keith C


    im sure most of you know, but insurance companies have hiked up apartment block rates, most are declining to quote due to amount of water damage claims reported over last few years.
    Water damage excess will eventually be €5k or even cover will be excluded.


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    #14
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Keith C wrote: »
    im sure most of you know, but insurance companies have hiked up apartment block rates, most are declining to quote due to amount of water damage claims reported over last few years.
    Water damage excess will eventually be €5k or even cover will be excluded.

    Entirely normal- totally aside from water damage the excess for a management company is normally 2k. It is up to the Management Company to deal with the insurance company.


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    #15
    Victor
    Registered Users Posts: 78,387 ✭✭✭✭Victor


    tecknopulse wrote: »
    They fixed leaks which reoccurred however they wouldn’t pay for the internal damage to the carpet and curtains or the external uplifting of the balcony which relate to the leak.
    Bull. Their negligence caused the leak, they can pay. They are trying to take you for a ride.

    If necessary, get someone with a legal or construction background (building surveyor would be ideal) to argue your case.


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    #16
    Keith C
    Registered Users Posts: 1,121 ✭✭✭Keith C


    smccarrick wrote: »
    Entirely normal- totally aside from water damage the excess for a management company is normally 2k. It is up to the Management Company to deal with the insurance company.

    is that matching the what the insurers have on the policy or have mgt company put an increased excess themselves i.e insuance company have €1k x/s, mgt company tell apartment owners its €2k??


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    #17
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Keith C wrote: »
    is that matching the what the insurers have on the policy or have mgt company put an increased excess themselves i.e insuance company have €1k x/s, mgt company tell apartment owners its €2k??

    No- the norm for a management company insurance policy is a 2k excess. You can pay an increased premia to the Insurance Company for a lower excess- however the lower you set the excess, the increase in annual insurance premia really jumps.

    The Management Company cover the first 2k of costs, the insurance company the remainder.

    It is also highly unusual for an apartment owner to contact the insurance company- contact would normally, for most management companies, be via the company secretary, or a director (or committee member), nominated with this duty.


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