- This topic has 5 replies, 5 voices, and was last updated 13 years, 9 months ago by .
-
Topic
-
We (the Owner’s Corporation) lodged a claim under our Home Owner’s Insurance Policy (HOW) on a 7 year old apartment building.
The HOW Insurer has agreed to rectify the defects (mainly leaks in roofs and walls) and has nominated a builder.
The Insurer wants:
Us to enter into a contract with the Builder.
Us to approve the work in stages (Insurer will then pay the Builder).
Us to sign a waiver releasing the Insurer from all further liability.
We are concerned that:
We are not qualified to inspect and approve the work.
If we enter into a contract with the Builder and sign the Waiver, if at some time in the future the leaks re-occur the Insurer will wash its hands and say “go and see the Builder”.
We do not want to employ a Consultant to inspect, as this would cost us considerably and if the work was not done properly we would finish up pursuing both the Builder and Consultant.
We therefore want the Insurer to employ the Builder, inspect and approve the work carried out and take responsibility if the leaks re-appear.
The questions are:
1. Can the Insurer force us to enter into the arrangements it proposes under any Legislation (Our policy is silent on this issue).
2. Is there any convention or Legislation that we can put to the Insurer to argue our position.
Your opinion would be much appreciated.
Regards – Synergy