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The Other Side Says Your Property Damaged Theirs. Now What?

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Property disputes can quickly become complicated when each party has a different explanation for what caused the damage.

A specialist defect assessment can help separate the observed defect from assumptions about its cause.

What does a defect analysis involve?

A defect analysis considers the physical evidence and seeks to establish the likely cause of a building problem.

Depending on the defect, this may involve considering:

  • The pattern and location of damage.
  • Construction and materials.
  • Previous alterations.
  • Moisture conditions.
  • Drainage.
  • Movement.
  • Maintenance history.
  • Photographs and historic records.
  • Other relevant information provided by the parties.

The appropriate investigation depends on the nature of the problem.

Can a surveyor prove who is responsible?

Not necessarily.

A surveyor can provide an opinion on the apparent cause of a defect and the physical evidence supporting that opinion.

Determining legal liability can involve matters beyond the surveyor’s technical remit.

What if both properties have defects?

This is where a proper inspection becomes particularly important.

Two neighbouring defects may appear connected but have entirely separate causes.

Equally, one defect may have contributed to another.

The relationship between the buildings and the chronology of the defects should therefore be considered carefully.

What if the damage is historic?

Historic evidence can be extremely useful.

Photographs, previous reports, repair records and information about when the damage was first observed may help establish whether a defect appears recent, longstanding or progressive.

Stokemont’s advice

Where there is disagreement about the cause of property damage, arguments based solely on photographs or assumptions can quickly become entrenched.

An independent defect assessment can provide a technical opinion based on the physical evidence and available history.

Defect Analysis Report Guidance

A Defect Analysis Report is a focused investigation into a particular problem affecting a property. Unlike a general building survey, the purpose is usually to establish what a defect is, what may have caused it and whether further investigation or specialist advice...

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