load bearing wall had buckled

ironbru_2

Hi, I wonder if anyone could help or had a similar problem?
I was having work done on our flat and I received a call from our Builder saying that a load bearing wall had buckled and to contact our Structural Engineers asap. We are a basement, Victorian flat with 4 flats above.
The Structural Engineer arrived and confirmed that the buckling had been caused by old movement.New foundations and wall had to be rebuild and underpinned.
Our builder visited our neighbours above to take photos incase there was damage to their properties when he commenced with the removal of the wall. There wasn't.
Our problem is now that we have been left more than £9k out of pocket and over budget because of the unexpected cost of the loadbearing wall. Our builder has been paid however we are now experiencing severe financial difficulties because of this.
Are we able/is it worthwhile to instruct a Solicitor to claim back our neighbours share of the funds considering we are in a tenement and if anything goes wrong with the roof we have to pay our share.
Any advice would be welcome.

Leif

It sounds like an insurance issue to me. Not that I know.

evoke

I would have claimed on the communal buildings insurance. Why did you pay for the remedial work? You say you are in a flat so I am assuming that the entire building has block buildings insurance.

teneighty

"New foundations and wall had to be rebuilt and underpinned"

Why would new work have to be rebuilt and underpinned if this is "old movement" I suspect there is more to this than meets the eye. Old movement does not need underpinning, your structural engineer needs to give you a detailed report outlining the cause of the movement and the reasons for the remedial work.

As you've now completed the work without consulting your neighbours above and probably the freeholder I wouldn't rate your chances of getting them to contribute or making an insurance claim.

Its a good job the builder had the forethought to take photos otherwise you could potentially be looking at significant claims for damages from your neighbours as I suspect you didn't serve Party Wall notices on them.

It sounds to me like you've been poorly advised by the structural engineer or maybe you didn't employ them to fully advise and supervise the project. I'd go back to the engineer or a similar professional and commission them to prepare a report on your options now, if any.

Good Luck