Strata Services: Water Ingress Defect
DEVELOPMENT LOCATION:
Perth
DEVELOPMENT:
114 Residential Units
4 Commercial Units
Resort style living
STATUS:
Completed late 2009
SERVICES PROVIDED:
Defect Inspection, Expert Witness Report, Expert Witness Representation at SAT
RESULT:
80% of initial claim awarded
Background
In 2019 Home Integrity was approached by Realmark Strata to investigate the cause of a frequently flooded basement and car park in one of their managed complexes.
Visits from previous contractors and inspectors had failed to find a suitable solution. There continued to be a number of complaints from tenants reporting mould in storerooms and cars damaged from leaking ceilings and flooded floors.
On attendance at site, there was clear evidence of an ongoing water ingress defect.
Service
Upon further investigation from our inspector it was revealed the builder had previously returned to site to complete unsuccessful remedial works. This had occurred at the tail end of the 6 year liability period, therefore resetting the claims time frame to within current range.
This defect was liable under the builders warranty and a complaint to Building and Energy was made.
An expert witness report was then completed. This entailed compiling 100’s of photos and reconciling with codes, standards and multiple manufacturers waterproofing recommendations and statements.
An invasive defect inspection was also carried out to find the root cause and document all areas damaged or affected.
The claim was so significant it was sent straight to the State Administrative Tribunal (SAT) for deliberation.
Elias was called upon as an expert witness representing the residents and council of owners (CoO’s).
Throughout the process Elias worked with the strata manager, building manager, CoO’s and lawyers.
Result
The case was settled at mediation with the owners being awarded close to 80% of their original claim. The building manager was then able to engage competent contractors to complete remedial works including new waterproofing of the pool area and re-tiling.
Elias and the team continue to work for the building and Realmark Strata providing regular maintenance plans and defect reporting.
Testimonial
“Home Integrity has put effort into understanding the needs of all strata stakeholders, by consulting with myself, my team and council of owners. Using this information to fine tune their service offering has had a palpable effect on the quality of their service and we have complete confidence in their capabilities.”
– K Roche, Head of Strata Realmark Strata
