Damp/dry rot problem/insurance - help!

somefriendlyuk

hi again bo-you should have all rooms checked during the exposure work just in case of any other nasties. Dry rot can spread through brickwork in its search for timber/moisture. This floor should be removed soon, all sub floors treated with a boron based treatment. Walls with any mycelium to be treated also. All new timber treated and laid on isolated walls. Source of moisture must be identified. Get a specialist company. If they don't sort it soon i will come down and rip it out myself !

Bojangles_3

Am just about to send this to my insurance company - feedback welcome:



It is nearly two months since we first reported our recurring damp problem to you in our letter of 4/4/07.

Whilst we appreciate that damp may not be covered under our policy and that you have gone to some lengths to help us ‘trace and access’ and have agreed to restore the property after treatment, we are still not satisfied.

I understand this complaint may escalate, in which case can you pass this on as soon as possible, please?

The trouble we have is that this could have been sorted in September 2006 – our original claim to LV. This would have caused one upset to our lives. LV and your appointees did not deal with the claim thoroughly and diligently enough at the time. We even expressed our doubts to the company that actually carried out the work whilst they were here, as to guarantee that the problem was being dealt with comprehensively. They gave us their assurance and we took this in good faith – after all, they were appointed by our large insurance company. Naively, we thought they must be right.

Having sought the advice of experts online through a consumer pressure group and sent them photographic evidence, it is clear that very basic mistakes were made by your appointed firm.

We understand you no longer use the company you appointed then. Can you tell me whether or not they ever presented you with the information I requested?

Many questions remain. Why did LV not appoint a specialist company in the first place? If the problem was damp, you should have known what you were dealing with could not be assiduously dealt with by a maintenance company. They wanted your business! We may have been in the dark then, but we are not now.

What is incredulous and unforgivable to us, is that a company of your size and standing allowed this to happen.

We ask that you merely do the right thing and do it quickly. Two months is a long time when you cannot utilize a room in your house, when what was in that room clutters up the rest of your home. Most worrying of all, is that we all have chesty coughs that have lingered around for the past few weeks – ever since we had that sunny spell and the room began to stink. I noticed Mr Hind on his visit here the other day was also coughing in the room.

We have Abbey wood care, as appointed by Charterhouse coming tomorrow. We will obtain permission from our neighbour for them to look at their property too. We sincerely hope that this problem has not spread, that Abbey are able to conduct an independent and thorough examination of this entire problem and that finally we can do now what should have been done eight months ago.

This whole situation has obviously left us feeling let down by your organization. Please take further ownership and help us finally resolve this issue – even if it means recovering damages from third parties later.

Our intention is to wait on your reply and hope it is sufficient and quick.

somefriendlyuk

hi Bo, why not put 'damp and dry rot' - at the begining and and something like dry rot florishing and spreading due to the failure of Lv to appoint a suitable company and delany in takling this claim?
dry rot usually set alarm bells and damp doesen't-just athought !

Bojangles_3

Abbeywoodcare have just come. The guy told me there's no leaking pipes - the source is no/very little subfloor ventilation. There is a concrete extension at the back of my property so there's no air getting out at all - so the moisture's coming from that.

I'm looking for an excellent construction specialist solicitor. The council should never have passed this. The builder should never have ignored the recommendations of the damp company.

He thinks I've got a good case. Can you recommend anyone?

This is going to cause more delays though but parts of the floor are up allowing ventilation.

He suggested having to maybe concrete the entire floors as a relatively inexpensive solution. They certainly do not want to issue a 20 year guarantee if suitable vents cannot be put in place.

In my heart I knew it may come to this...

Solicitor...anyone?

Bojangles_3

I've spoken to the top advisor in the country for damp/dry rot - a lovely chap called Graham Coleman. He recommended a solicitor for me - Paul Bloomfield at Paul Roberts Solicitors. I chatted to Paul, he said I should pursue my insurers first then the others. I told him I had legal expenses cover. I hope to add Paul to thier list as I really liked his directness.

My legal expenses cover is with Halifax, well DAS. They said I have to exhaust my claim with my insurers, Liverpool Victoria. If they fail to satisfy, then the next step is to contact the Financial Ombudsman. They said I have to create a paper trail - so I have to write to the developer today, claiming he was negligent and give him 7 days to reply. I can also write to Strand Preservations, claiming they were negligent too. I can also raise the fact that the council signed off the developer's work - perhaps they should not have done, given the house cannot breath! with the local government ombudsman.

I lot of work!

I have written to LV, urging them to move much quicker as the spread of this may well escalate costs!

I'll keep you informed...

Bojangles_3

Thanks for asking how it's all going Phil. Here's an update.

Still no word from our insurers - we ring them every day and they do not get back. Will have to write again.

Here is what I've said to the developer:


NEGLIGENCE CLAIM


Dear Enzo Giordano


As you know, we bought this house from you, the developer, in December 2004.
On the 6th April, 2007, we invited you into the property to look at a recurring ‘damp’/’rot’ problem in and around the bay window and cupboard area to the front of this property.

We have just had this problem clearly identified as dry rot by a wood and timber specialist appointed by our insurance company. This problem is extensive and getting worse as time goes on.

The main reason for this is inadequate or no sub-floor ventilation. Subfloor condensation is feeding the rot – effectively, spreading like cancer through the house. If it is not stopped, it will (if it has not already) spread to neighbouring properties.

On the certificate of guarantee, given to you by the damp and timber specialist you appointed on the 21.6.04, Strand Preservations, they clearly make fundamentally important observations and recommendations that you should have undertaken to combat your concerns at that time about rising dampness, wood boring insects and/or wood rotting fungi.

Clearly, had you and/or Strand dealt thoroughly with these issues whilst you were developing this property, we would not be burdened with the recurring effects of yours and/or their negligence.

We are left with a house that effectively cannot breathe. There is one vent in the centre of the bay. Having lifted the floorboards, someone had placed a brick at the top of the opening, thus reducing the airflow. Beyond this however, there is no other outlet or inlet for air in that room or the next room. To compound this even further, you added a conservatory to the rear of the property which is a concrete floor, with no channels for vents to the back whatsoever.

These observations have been verified by several specialists in this field and we believe they are indisputable.

It is going to be difficult for us to find a company to thoroughly deal with this problem. In order to provide the kind of ventilation required, extensive work is likely to involve breaking up of the concrete floor in the conservatory to put in vents. Without adequate ventilation, no company will issue a guarantee.

This issue has caused us a great deal of stress and discomfort and at times we have been coughing due to the fumes and air of the fungi particles. It is very difficult keeping the children out of the front room. If major work does have to be done, we may have to relocate whilst it is undertaken, as our kitchen is in the conservatory area.

The costs for everything are extremely worrying.

We ask that you merely do the right thing and do it quickly. We hope that you will finally do what you should have done three years ago and followed the instructions given to you by Strand Preservations.

We hold you and Strand jointly and severally liable. They too were negligent for going ahead and carrying out limited measures to prevent this problem knowing full well none of their recommendations had been adhered to. What kind of a company does this?

As time is of the essence, we look forward to receiving a reply from you within seven days with regard to rectifying this problem.


I'll be writing a similar letter to Strand Preservations. THe owner of this company is away for two weeks. I rang his secretary of 15 years and she let it slip on the phone that the developer did not allow the full treatment and that we were instructed to just spray the timbers for wood worm. She sent me through the post a copy of the worksheet completed by their 'technician' which says: 'timber spray carried out but builder to replace wet rot timber with pre treated and protected timbers'. He also states 'other areas of wet rot noted'.

In an email from Graham Coleman (leading expert on rot) that 'Applying simple spray treatment to timbers in the face of rot and sustained conditions of dampness is simply asking for significant trouble. It should be considered of no practical value!!!!.'

somefriendlyuk

Hi Bo, the big problem you have got is that you are sueing both parties-i'm not a legal expert but i know thats hard. It looks to me that strand have covered there backs -they told them what to do and the main contractor did not do it -in my mind (and remember i run a company that does this sort of work so i may be biased) the main contractor is totally is the one you should go after.I said at the start that strand may not be entirely responsible and that i bet the main contractor did not do what was advised.

However that said my good name is everything and if i were strand though i would probably say to you -ok without addmiting any liability and as an act of goodwill we will take up the whole living room floor take the plaster up the walls beyond the dry rot out break and re-do it all properly if you agree thats us all squared up.This would not cost him to much and you get you living room back and some praise and goodwill back. -that just me but remember there not all bad out there.
Keep us posted on how its panning out -how long is this now 2-3 months?

Some

Bojangles_3

I was advised by my legal cover experts, DAS, to go for both 'jointly and severally.' Point about Strand is they identified wet rot and sprayed the timbers for wood worm - because it was all the builder wanted - presumably to get a 'certificate of guarantee' on the cheap!

For them to go ahead & carry out work & issue a guarantee, knowing full well, NONE of their recommendations were met - especially over the issue of poor sub-floor ventilation - suggests they were not acting with due care. Did they even know what they were doing?

Abbeywoodcare, that came to us through the insurance company, said they would not even take the risk of doing the work if adequate sub-floor ventilation could not be undertaken. Strand did. That's the difference. I'm not sure I can trust a company that does that to rectify the problem - although I hear and appreciate your points.

The problem I have is on paper when we bought the place it looked like there was a suitable guarantee for the damp/rot problem and there clearly was not. It was an ill thought out, quick fix, glossing over the cracks to get the sale through, cowboy approach that has to be stopped.
:mad:

somefriendlyuk

Hi bo -i missed the bit about spraying for woodworm-can't understand that one at all -very strange. Dry rot tratment at the very least (and i mean least)
Your right -keep on the same path -
Some

Bojangles_3

Well, most of the letters have gone out. Have scatter bombed everyone - developer, his damp/timber company, my insurance (chief executive), my surveyor and Lambeth building control. I've given them all 7 working days to get back.

I really need to get the work done though, it's not looking great.

Ideally, I've invited them all to come back and sort out what should have been done over 2 years ago - my legal advisor said you've got to give them a chance to put it right - proves you've tried to 'mitigate your loss'. We'll see.