Question: A plumbing issue flooded my 2 yr old apartment. The original construction plumbers investigated and located the issue, admitting responsibility. They are coming back to patch the holes in the walls and the damage caused, but are they responsible for my ruined timber flooring?
My 2 year old apartment flooded. I called the plumbing firm who had installed the plumbing in our block of apartments during construction.
Water could be heard from behind the fridge cavity and after three large holes in the gyprock, finally located two pipes that had not been crimped during installation.
After fixing the pipes, they submitted a full report admitting responsibility for the issue. They are coming back to patch the walls and clean up. My timber flooring was damaged during the event. Are they also responsible for replacing my ruined timber floor?
Answer: It is worth trying to claim on insurance through the owners corporation.
It seems like this is a building defect from the time the building was originally built. If it is a recent building then a claim could be made under either the Home Building Act 1989 or the Design & Building Practitioners Act 2020 if the scheme’s insurer does not respond to the claim.
Even if they were common property pipes, then many insurers have exclusions for covering building defects. It is worth trying to claim on insurance through the owners corporation. They can only say no. If they decline the claim then if the pipes were common property then you have a right to claim for damages against the owners corporation under s106(4) & (5) of the Strata Schemes Management Act 2015 provided that you make the claim within two years of incurring the loss.
This post appears in Strata News #584.
Allison Benson
Kerin Benson Lawyers
E: allison@kerinbensonlawyers.com.au
P: 02 4032 7990
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