Who is liable -builder/developer or insurance

Hello Jimmyt,

We are active members of our OC. Our issue is that our building is less than 2 years old and in last months storms a water pipe broke on one of the upper levels. The leak caused water damage to 2 units. The plumber who located the after hours advised that the issue appeared to be a building defect from what he could see. The strata manager raised with the builder/developer who categorically refuses responsibility. The strata manager then approached insurance who see it, as a building defect not insurance. The strata manager now, is offering nothing in how we should progress the issue, they appear intimidated by the builde/developer under the guise of future business opportunities.

The OC, strata committee now has requested an engineering report to provide independent advice on what the issue was thus providing details on how to move forward. The 2 units have holes in walls and damaged floors (carpets and floorboards).

Can you please review and advice. I have attempted to keep brief, however clarification or further information is available.

cheers,

happychappy