Mr and Mrs Y commissioned a large house extension. Part of the works involved building a garage, which was cut into an adjacent field. They engaged an architect to design the project and oversee the building works, ensuring that it was built to his specification. The architect’s design included the waterproofing of the walls and floor to prevent water from the field entering the garage.
After a number of years, water found its way through the walls and the garage began to leak. Mr and Mrs Y contacted both the architect and the builder and asked them to remedy the problem. However, this was to no avail.
Eventually, Mr and Mrs Y contacted their solicitor. He instructed Gary Bushell to visit the site and prepare a report on the causes of the water ingress and the likely costs to carry out suitable repairs.
Gary’s expert report, which found that the works had not been designed or constructed in accordance with good practice, was submitted to the architect’s insurers. On the basis of the report, the insurers admitted that the architect was liable for the defects and, after a site meeting between Gary and the insurer’s expert surveyor, a reasonable settlement was achieved to compensate Mr and Mrs Y.
The cash settlement from the insurers was sufficient for Mr and Mrs Y to meet their legal and expert fees, as well as engage their own contractors to carry out the necessary remedial works.