Technology and Construction Court
HT-2022-000311 & HT-2022-000254 - [2024] EWHC 3179 (TCC)
Fecha: 11-Dic-2024
Other defects and expert evidence
Other defects and expert evidence
There is no question that the water ingress in July, August and September 2021 caused damage to individual flats and to the common parts.
At the time of the Particulars of Claim in October 2022, the claimants’ case was that some time after the flooding, Click St Andrews had started to position portable dehumidifiers in common parts and individual flats to dry out the building. These measures had proved totally inadequate and high levels of moisture remained, at that time, including saturation of cavity wall insulation and sub-floor voids.
- Heading
- The parties
- The claimants’ case in summary
- Procedural matters and representation
- Amended Particulars of Claim
- The Agreement for Sale
- The purported rescission of the FPA and RTM’s claim
- The no loss defence
- The position of the leaseholders and the leaseholders’ claims
- The leases
- Insurance
- Breach of statutory duty
- Negligence
- Nuisance
- The rainwater ingress
- Breaches
- Click St Andrews’ position
- Discussion
- Other defects and expert evidence
- The Rivett reports
- Mr Ferguson
- Miscellaneous defects
- Mr Ebbatson
- Remedial works
- Quantum
- Flat 1
- Flat 5
- Flat 6
- Flat 7
- Flat 8
- Flat 9
- Flat 10
- Flat 11
- Flat 12
- Flat 13
- Mitigation
- Conclusions