# Water Damage in new Apartment



## dshakey (12 Jun 2008)

hey folks,
not sure if this is the right plae for this.

I need some help, 
it appears that my shower is leaking in the ensuite. and has spread into the hall and store room. now my wooden floor is ruined. lifted a piece  of the floor in the store room and the ground is soaking wet. 
had the builder in and of course he says its not a leak. when it clearly is.

what rights have i got? i need help


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## mercman (12 Jun 2008)

You need to advise the Management Company ASAP. They hold the Insurance for this kind of damage, so there is little point in having your own builder repair it. If the property is new are the builders still on site. Thge normal Insurance for Apartments should cover you in the case you might have to stay in a hotel etc., but you are not covered for loss of damage to your own possessions (i think). What floor are you on ??

Act quickly


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## dshakey (12 Jun 2008)

are you sure that the management company would fix it, i am on the ground floor


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## mercman (12 Jun 2008)

Well before you even think about the repairs, the Insurance company will have to inspect. Sure get your builder to do an estimate for everything that is damaged, but hurry before you are accused of been negligent in stopping the leak and causing more damage.


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## addob (13 Jun 2008)

I wonder if it is the responsibility of the management company, wouldn't this be the responsibility of the owner's contents insurance as they own the property?

Just wondering as I know a neighbour who had a leak in their apartment and it was taken care of by their own insurance.

Good to know, just in case!

ad


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## mercman (13 Jun 2008)

Well I had huge damage from a Water Leak from the apartment above mine in 2006. Reapirs and damage claims were dealt with and paid by the Block Insurance.


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## dshakey (13 Jun 2008)

personal i dont think that i should use my insurance 
becuase i am only in the the apartment 4 months and it was brand new builders are still on site


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## mercman (13 Jun 2008)

Dshakey -- no, not your own Insurance. Theoretically the only Insurance you should have for this proeprty is for your contents only. The Management Company should have Block Insurance which covers damage to the property. 

Have you contacted the Management Company or Management Agent or have the developers passed the matters over yet. You do need to check this out immediately.


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## peteb (13 Jun 2008)

i think the problem with this is though you would need to know what is covered on the block policy.  If the apartment didnt come fitted with wooden floors, they arent going to be covered by the block policy in which it would be your own contents policy.
Also it will come down to whether the leak was a gradually occuring cause.


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## mercman (13 Jun 2008)

peteb - maybe - maybe not. But the one thing certain is that if the matter isn't dealt with very soon, the OP will be in breach of their own responsibility of making an effort to mitigate the loss.


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## addob (14 Jun 2008)

peteb said:


> i think the problem with this is though you would need to know what is covered on the block policy.  If the apartment didnt come fitted with wooden floors, they arent going to be covered by the block policy in which it would be your own contents policy.
> Also it will come down to whether the leak was a gradually occuring cause.



Thats what I was thinking! regardless I do agree with mercman, the OP does need to contact the builders or management company immediately.

as


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## Crescenter (15 Jun 2008)

If you are only in the apt 4 mths I would have thought you could have some come back with the builders as it could be a small leak that has been there all the time. I know I had a small leak that devoloped into something bigger and the builders covered it... although I hadn't noticed it and it was neighbour below who actually suffered the damage.


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## bigchicken (16 Jun 2008)

This happened to me also. The builders were still on site so I went to the foreman and asked him to look at it. Turned out the bath had never been sealed in one small section. Completely the builders fault so they fixed it and refunded me the cost of the wooden floors that i had to get fixed.

My builders are complete chancers yet they didn't even question it so I assume they knew it was their responsibility.


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## mercman (16 Jun 2008)

Even if it is the Builders fault / problem, surely it better to make sure Insurance is in place as the way the Construction sector is at present, I wouldn't like to be depending on a developer to fix the problem FOC.


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## dshakey (16 Jun 2008)

finally final out were the problem is.

my shower was never sealed correctly.

i put in the shower door not the builders, but would they be responsible as they didnt seal the basin correctly


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## peteb (16 Jun 2008)

mercman said:


> peteb - maybe - maybe not. But the one thing certain is that if the matter isn't dealt with very soon, the OP will be in breach of their own responsibility of making an effort to mitigate the loss.


 

Aw hell yeah lads! I was just making the point but if i was unsure i would defo report to the builders, the manangement company and insurers.  If its not insurers they will tell you quick enough and try and subrogate the loss.  But i think a lot of time from what i hear with apartments they try to just tell you its not covered without even checking!!


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