Case Studies: Building Guarantee

Persistent damp penetration

After struggling for two years trying to resolve a damp problem at her London townhouse whilst working abroad, our client, legal counsel for a multi-national, approached us to investigate and explore a remedy to the damp penetration; and to secure if possible compensation from either the building insurer, if it had been caused by an insured peril; or from the building guarantee if there was a defect in the design or construction of this now 9-year old house.

Following investigation by specialists we discovered that one side of the house had been built against a bank of higher ground which was only visible from the neighbouring property in another road. The developers had not allowed for tanking the flank wall to prevent moisture ingress, which by this time had spread across the whole of the ground floor area. We persuaded the guarantee insurers to pay £59,000 for all the remedial works, including tanking the flank wall, replacing the engineered hardwood floors and redecorating throughout.

Even with the sophisticated communication facilities now at our disposal, sometimes there’s no substitute to having someone on the spot.