Damp/dry rot problem/insurance - help!

Bojangles_3

Developer (D) did not put down pretreated timbers he should’ve done!

Find out: can wood rotting fungi eat thru pretreated timber?

Paul from Strand (S) said there is no need to cut 1 mtr beyond original trace in the timbers – just cut to last visible sign – this is contrary to everything I have been told by experts! (He’s covering for developer!!!)

D denies any cover up saying it was his house – he wouldn’t do that. (He offered to give me my money back for the house!). D offered to supply labour at cost – nothing more!

S are going to quote like it is a normal job – no goodwill as previously suggested. (He’s changed his tune!)

I don’t trust him – he talked too much, butted in when I asked D a direct question.

Source of moisture? Downpipe original was cast iron – leaking into wall, replaced. Drain gulley was broken so they built up that block – D put in DPM (sheet of plastic) behind it. Is this block too high????? (Condensation? Gutters? External Render? Moisture in the brick work? Waste pipe?

S did Vertical DPC – injected from inside – S will confirm this...?!

S said ‘can’t spray/paste treatment on infected wood. (He’s got more than one report – he may be hiding something?)

He said black mold – is caused by internal condensation – against cold rendered wall.
S said his guarantee only covers rising damp (dpc) woodworm.

NB D transactions sheets he filled out for the solicitor has only said yes to guarantee for DPC – he said no to guarantee for rot infestation – well, there clearly is a guarantee for infestation – S says for woodworm – either a mistake by D deliberate or otherwise? May just be genuine mistake - the spry for woodworm was done as a precaustion whilst the floorboards were up - sounds ok, I think.

MY NOTES:

I’m being as reasonable as possible. We’ve done nothing to cause this rot. Conditions identified in 2004, S told D what to do, D ignored them. S were silly to go ahead and spray for WW when there was none identified – he says they do this to cover themselves – they may as well do it and show they’ve taken precautions to safeguard against ww).

So, it looks like it will go to court. I can only pursue my insurers and the developer - they are the only people I had a contract with. A firm of solicitors is now dealing with the merits of it.

In terms of getting it sorted, I'm waiting for one more quote for exposure work from Protim. Quotes varied (exc VAT): Strand £950, Abbeywoodcare £590, Peter Cox £350, Protim (likely to be £545).

Am going to try and get a date sorted later today.

sandy2_2

What a saga and well done for having the stamina to keep it going.
At least you can get to the companies concerned. We have paperwork showing 30yr guarantees for damproofing and woodworming, but the companies have disappeared along with the Professional bodies they belonged to

Bojangles_3

Peter Cox have nearly completed the work and issued a 20 year guarantee. Hope not to go through any of this upheaval again. It's cost £5178 plus some extra work to repair the floor to the rear of the property, but now there is a through flow of air right through the house.

The claims against my insurance company and the developer are with a legal firm and the financial ombudsman service. Will let you all know how they go...

Thanks again for all the help/advice offered.

Bo

DiCanio_2

Hi all, I am currently having a nightmare with dry rot that Id likes to share. Hopefully someone has some helpful advice!!

I bought my flat in June of last year. The Mortgage valuation pointed out a small area of low-level damp on the ground floor party wall, I got a quote from a local firm to remedy the damp and was quoted around £400. After this we got a full survey completed that confirmed the low level damp and confirmed that there was some minor deflection in the second bedroom 9area above the "low level damp". All was OK, we said wed treat the "low level damp" if they threw in their range cooker and their fridge and freezer. Saved us a headache, them a headache and saved everyone redrafting all the contracts.

As soon as we moved in, we saw the spare room empty of all of its wares, and saw and the skirting in the corner was bent and bowed and the floor gave way in the corner. We ripped up the floorboards to discover a horrific outbreak of Dry Rot. We have since had all manors of experts round to Asses the situation; they all say it’s grim. The most trustworthy of which has said that we need to treat next door as well as it has spread from there and need to treat it all to have the relevant guarantees that it wont come back. So we had a look next door and it is everywhere in there, absolutely rotten. He also took a damp meter to the "low level damp" and confirmed that it ran all the way up the wall. I have since discovered that the firm who gave the original inspection has a habit of doing this (underestimating jobs, ripping it up and ripping people off for the remedy).

My Insurance flat will not cover it and will not get involved. My solicitor sees that I had three possible cases, all perfectly valid as far as I'm concerned:

1) Against the surveyor for a ridiculously negligent survey in not spotting the obvious signs of this
2) Against the previous owners for negligently signing the contract agreeing they knew of no defects (as there was no way they could not have known)
3) Next door for letting their negligence in letting their rot get so out of control that it affected ours.

We decided not to against the surveyors. Even though they are ridiculously negligent, as they have clause upon clause covering them saying that "they do not have to look under floor coverings or furnishings". My solicitor says that although we have a case, we could throw money at it and their clauses could well stand up in court, particularly with the expensive solicitors they would be likely to have.

Much to my fury we decided not to go against the previous owners as it the onus would be upon us to prove beyond any reasonable doubt that they had to have knowledge of the problem. Even though we are 100% they must have known about it, we can’t prove it and it would have again been throwing money away.

The third negligent party next door, we are currently at court with. The Court has recently ruled in our favour for them to pay the remedial costs and damages of some description. It’s all to be sorted out soon.

I still cant help but feel hard done by in that the blatantly negligent surveyors weren’t bought to justice, meaning that other consumers could be prey to their lazy surveying in the future, and that the previous owners weren’t held accountable.

I also feel aggrieved that I wasn’t covered by |Insurance. Research showed that most Insurance policies dont cover dry rot, but I noticed on this forum that people are saying their insurance are shelling out for it.

Can anyone advise in what capacity Insurance is paying for dry rot remedial works??

Bojangles_3

I've not looked at this thread for a while. My case still goes on.
(It may have been resolved by now if half of England did not flood so much in the past 2 years! or the Ombudsman had taken on more staff)

Insurance companies do not cover dry rot, but the sources of it may not be straightforward and so they may be looked at on a case-by-case basis - that's why it may be worth pursuing.

Have you legal expenses cover? If you have, get them to make a claim against your surveyor. Or you could name them and shame them - here +/or in the press.

Bad practice has to be routed out whereever it comes up. These people rely on apathy. If my case proves anything - you don't get it unless you steadily and rationally make a case for it. But don't give up!

Also, find out if you can sue the people you bought from under the defective premises act.
Go and get them!

Bojangles_3

Financial Ombudsman was wise and agreed with our case. My insurance company have paid out and interest for the time they got involved.

Now it's after the developer under the defensive premises act for the period up until the insurance company got involved.

Vindication and justice! Thanks to those who helped/advised on this generous forum!:T

sandy2_2

WELL DONE, what perseverance
Sandy

Doozergirl

That's great news bojangles - can't believe it's dragged on so long but well done to you for sticking at it!

Bojangles_3

In preparing myself to tackle the developer now, I've re-read this thread.
I wonder how you're doing Marz, Dicanio. Somefriendly, do you still read this thread? - Got there in the end...well, getting there.

Doozergirl - thank you sooo much! It was difficult for me to see the wood from the trees, but having this Forum really helps get clarity and direction.

Very grateful to all at MSE for facilitating this service!

Right...sleeves up...it's after the developer...!

Bo

Bojangles_3

Deciding whether to give the developer another letter (4th) or just go straight for a direct CCJ or money claim online...I don't think I want (or can) to shell out for a solicitor.

Anyone know what may be best method?

Thanks
Bo