New Build Mould Problems...

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?

So the investigation involves taking a brick out the outer wall and checking the cavity wall for debris or any obstructions. If there is any obstructions or any defects then there will be a full report with conclusive evidence.

the report we have at the moment is simply finding the overall cause of the mould/damp and now we’ve pinned it down to not being a lifestyle ventilation issue we now need to prove that to the developer.

davidmcn

GeorgePowerFinch said:

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: 

That "mould" exclusion is just excluding consequential loss such as illness caused by toxic mould, it doesn't mean they're not liable for sorting the problem which is causing the mould. Plus there's the general exclusion of any decorating etc needing done. Doesn't mean they're entitled to just ignore stuff because the symptom happens to be mould.

thearchitect

GeorgePowerFinch said:

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?

So the investigation involves taking a brick out the outer wall and checking the cavity wall for debris or any obstructions. If there is any obstructions or any defects then there will be a full report with conclusive evidence.

the report we have at the moment is simply finding the overall cause of the mould/damp and now we’ve pinned it down to not being a lifestyle ventilation issue we now need to prove that to the developer.

"Prove" is the key point here. 

Damp specialists are not, by and large, going to produce reports on a par with those by a good building surveyor or experienced architect.  Often, the firms are trying to sell you their system.  Caution is merited.  It certainly would be so treated by a loss adjuster or claims handler.

It sounds as if you have someone a bit more sensible, fortunately.  Nevertheless the level of analysis and detail will be critical.

In the meantime keep pushing back on any attempt by the claims handler to exclude the head of claim, for the reasons David gives above.

GeorgePowerFinch

Really appreciate all the help and advice. It’s mine and my girlfriends first property so obviously lots of lessons to be learnt, however I still feel like the developer is completely responsible. They are actually visiting next Monday so I’m hoping we can show them how poorly done the overall conversion was and the issue with mould.

thanks everyone!