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[Jeremy88]

The OC recently replaced the windows in the building. They required access to my unit and explained that they would repair any damage to the window surrounds and sills caused by the work. Mine was the last unit finished in a program that lasted several months (and cost millions of dollars). The builders started replacing the marble sills and surrounds and, after damaging the marble sills, stopped work. I now have gaping holes around the new windows and missing marble in the bathrooms and sills in the living room. The EC have denied responsibility for the damage and have advised me that I must take this up with the builder.  Who is liable for the damage?

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[Whale]

Jeremy – Firstly, the Owners Corporation (O/C) is responsible absolutely for rectifying all damage caused during the process of it making repairs, alterations, or changes to its Common Property (the windows).

Secondly, it was the O/C (and not you) who delegated its responsibility to the Builder, through an engagement that should have incorporated a scope of works and specified conditions such as the Builder holding public liability and indemnity insurance, which all comprised a “contract” between those parties.

So it’s the responsibility of the O/C, and the Executive Committee as its representatives to get the consequent damage that you’ve referred to repaired, and if that means it taking-up the matter with the Builder, engaging another Builder, or lodging a claim on the first Builder’s Insurance then so be it!

Before anyone offers opinions about how best to proceed, could you advise how the E/C “explained that they would repair any damage to the window surrounds and sills caused by the work”; in writing or verbally? How was the Resolution of the O/C minuted that approved the window replacements; was there a mention of consequent damage?

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[Jeremy88]

Thank You

I will get a copy of the resolution from the Strata Managers. I remember that there was some debate over the liability for damage to the interiors of the units at the AGM at which the repairs were proposed. It was agreed that the OC would bear that responsibility. So let’s see how this was minuted.

@Whale said:
Jeremy – Firstly, the Owners Corporation (O/C) is responsible absolutely for rectifying all damage caused during the process of it making repairs, alterations, or changes to its Common Property (the windows).

Secondly, it was the O/C (and not you) who delegated its responsibility to the Builder, through an engagement that should have incorporated a scope of works and specified conditions such as the Builder holding public liability and indemnity insurance, which all comprised a “contract” between those parties.

So it’s the responsibility of the O/C, and the Executive Committee as its representatives to get the consequent damage that you’ve referred to repaired, and if that means it taking-up the matter with the Builder, engaging another Builder, or lodging a claim on the first Builder’s Insurance then so be it!

Before anyone offers opinions about how best to proceed, could you advise how the E/C “explained that they would repair any damage to the window surrounds and sills caused by the work”; in writing or verbally? How was the Resolution of the O/C minuted that approved the window replacements; was there a mention of consequent damage?

 

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[Whale]

OK; that’s why I asked.

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