New Build Mould Problems...

GeorgePowerFinch

thearchitect said:

The property is a conversion, not a new build.  The imperial-sized bricks on your last photographs (the one with the poor quality older pointerwork) is something fo a clue.

If I understand correctly, you have the benefit of some form of standalone warranty however the provider avers that the developer is responsible within the first two years (i.e. under the terms of the warranty, rather than specific legal provision).  You should check the wording to see if this is correct and what provision is made for default in the initial period.  My concern, having been involved in such cases professionally, is that court action would be required.

We’ve already been in touch with a solicitor, upon mentioning that to the developer/seller they have agreed to sort everything out except the mould issue because they keep saying it’s our fault for poor ventilation and accusing us of drying washing in the flat when we have an independent report saying it’s to do with poor pointing, unsealed windows and only two airbricks at the front of the property working.

there could also be debris in the cavity wall form where they had done work to the wall. I’m just baffled how they can repair the window and replace the brick work there but right next to it there’s literally holes in the pointing. 

Retired_Mortgage_Adviser

OP, who exactly told you that "mould" is excluded from the ICW warranty?

The exact wording for the relevant exclusions in the standard ICW policy (it cover New Build, Conversions and Renovated Properties) are "dampness, condensation or shrinkage not caused by a Defect;  and "Loss or damage caused by or consequent upon humidity in a Residential Property that is not the direct result of a Defect."

In your case, it is clear that the dampness/condensation is indeed caused by a defect. The mould is just a symptom.

The policy details a process to follow (complaint to developer > conciliation process > time for remedy, etc) following which you can make a claim. At least that's how I understand it.

I would take the mould as a separate issue and start the process by formally notifying the developer, sharing the expert's report as well which points to the issues leading to dampness. No doubt the developer knows that it's a big job, hence the brushing off of your mould issue.

GeorgePowerFinch

Retired_Mortgage_Adviser said:

OP, who exactly told you that "mould" is excluded from the ICW warranty?

The exact wording for the relevant exclusions in the standard ICW policy (it cover New Build, Conversions and Renovated Properties) are "dampness, condensation or shrinkage not caused by a Defect;  and "Loss or damage caused by or consequent upon humidity in a Residential Property that is not the direct result of a Defect."

In your case, it is clear that the dampness/condensation is indeed caused by a defect. The mould is just a symptom.

The policy details a process to follow (complaint to developer > conciliation process > time for remedy, etc) following which you can make a claim. At least that's how I understand it.

I would take the mould as a separate issue and start the process by formally notifying the developer, sharing the expert's report as well which points to the issues leading to dampness. No doubt the developer knows that it's a big job, hence the brushing off of your mould issue.

I was speaking to the claims manager on the phone, she put it into writing and here is what she said via email “ As we discussed this morning, mould is excluded from the Policy (see Exclusions point 16, and Definitions point 28) and damp is excluded by endorsement noted on the Final Certificate.  This does not affect your claim against ***** & **** directly however we will not be able to offer the Conciliation Service under the Policy in respect of this issue, as we would not be liable for having the work carried out if the developer fails to remedy the defect.” 

She then attached a picture: 

thearchitect

Retired_Mortgage_Adviser said:

OP, who exactly told you that "mould" is excluded from the ICW warranty?

The exact wording for the relevant exclusions in the standard ICW policy (it cover New Build, Conversions and Renovated Properties) are "dampness, condensation or shrinkage not caused by a Defect;  and "Loss or damage caused by or consequent upon humidity in a Residential Property that is not the direct result of a Defect."

In your case, it is clear that the dampness/condensation is indeed caused by a defect. The mould is just a symptom.

The policy details a process to follow (complaint to developer > conciliation process > time for remedy, etc) following which you can make a claim. At least that's how I understand it.

I would take the mould as a separate issue and start the process by formally notifying the developer, sharing the expert's report as well which points to the issues leading to dampness. No doubt the developer knows that it's a big job, hence the brushing off of your mould issue.

OP

You will doubtless have realised that insurance companies and those who advise them such as claims handlers and loss adjusters seek to minimise the loss arising from a head of claim.  Any advice which you receive from them needs to be considered in such terms.  At the end of the day, however, they cannot escape the terms of their contract (i.e. policy cover) with you - albeit it can often be a fight.

Mould can occur for many reasons, one of which is inadequate ventilation. It can, however, also arise from a defect of construction which leads to cold-bridging and surface condensation (typically, but not always, penetrating moisture does not lead to mould).

Against that backdrop, the advice given to you above is good.  You need to demonstrate to the insurer that the mould is a direct consequence of an insured event, which is usually done by way of professional report.

GeorgePowerFinch

thearchitect said:

Retired_Mortgage_Adviser said:

OP, who exactly told you that "mould" is excluded from the ICW warranty?

The exact wording for the relevant exclusions in the standard ICW policy (it cover New Build, Conversions and Renovated Properties) are "dampness, condensation or shrinkage not caused by a Defect;  and "Loss or damage caused by or consequent upon humidity in a Residential Property that is not the direct result of a Defect."

In your case, it is clear that the dampness/condensation is indeed caused by a defect. The mould is just a symptom.

The policy details a process to follow (complaint to developer > conciliation process > time for remedy, etc) following which you can make a claim. At least that's how I understand it.

I would take the mould as a separate issue and start the process by formally notifying the developer, sharing the expert's report as well which points to the issues leading to dampness. No doubt the developer knows that it's a big job, hence the brushing off of your mould issue.

OP

You will doubtless have realised that insurance companies and those who advise them such as claims handlers and loss adjusters seek to minimise the loss arising from a head of claim.  Any advice which you receive from them needs to be considered in such terms.  At the end of the day, however, they cannot escape the terms of their contract (i.e. policy cover) with you - albeit it can often be a fight.

Mould can occur for many reasons, one of which is inadequate ventilation. It can, however, also arise from a defect of construction which leads to cold-bridging and surface condensation (typically, but not always, penetrating moisture does not lead to mould).

Against that backdrop, the advice given to you above is good.  You need to demonstrate to the insurer that the mould is a direct consequence of an insured event, which is usually done by way of professional report.

We have had a professional report done, as I mentioned above it came down to reasons nothing to do with our lifestyle / ventilation.

its to do with poor pointing on the outer wall, no window end caps and unsealed windows and window sills for 14 months.

I phoned the insurer and they said it’s great news about the mould report and it’s up to the developers to rectify the situation. Annoyingly when I mentioned this to the developers they insisted that it’s still a lifestyle issue. They sent a surveyor / builder round a few months ago to have a look at the property and sort some of our snagging issues out, he said it was completely down to our lifestyle. We then later found out that builder / surveyor was their son. Hence why he was incredibly biased. 

thearchitect

OP - who undertook your report?  Was it an RICS surveyor or similar professional?

GeorgePowerFinch

thearchitect said:

OP - who undertook your report?  Was it an RICS surveyor or similar professional?

Local independent mould / damp specialist. It’s a family run business.

[Deleted User]

Does the warranty provider have a mediation process?  Sounds like that is the next step

thearchitect

GeorgePowerFinch said:

thearchitect said:

OP - who undertook your report?  Was it an RICS surveyor or similar professional?

Local independent mould / damp specialist. It’s a family run business.

And how detailed is it?  Does it involve opening-up or similar investigation?  Does it have a technical analysis supporting its conclusions?

GeorgePowerFinch

thearchitect said:

GeorgePowerFinch said:

thearchitect said:

OP - who undertook your report?  Was it an RICS surveyor or similar professional?

Local independent mould / damp specialist. It’s a family run business.

And how detailed is it?  Does it involve opening-up or similar investigation?  Does it have a technical analysis supporting its conclusions?

He’s based the report on what he’s visually seen in and out the property (holes in bricks, poor pointing, no window end caps or sealed windows).
We are paying for an investigation as well where he removed a brick to check the cavity wall for debris etc...

The written report he sent was an overall cause for the mould / damp and checked to make sure it wasn’t a lifestyle issue. 

The developer is saying it’s a lifestyle issues and we are now proving that it’s not, however the developer is ignoring what the mould specialist said and is still basing it on our lifestyle.