Building Subsidence: Liability and Insurance - Tapa dura

Sinopsis

A major cause of building failure, and subsequent insurance claims or litigation, is subsidence or heave arising from foundation movement. This in turn may be caused by faulty design or construction of the foundations, by encroaching tree roots, by activity on neighbouring land, or by the removal or weakening of support. Subsequent litigation can involve a wide range of parties - the designer, the contractor, the local authority who approved plans and inspected the foundations, the `approved inspector' and the owner who may be the developer or indeed subsequent purchaser. The surveyor carrying out a valuation or structural survey can also be involved. The position is further complicated by the current law on limitation and is unlikely to be clarified by the Latent Damage Act. The insurance market has become understandably concerned about the risks relating to foundation movement - or `subsidence' as they term it - and has become far more ready to contest liability. This new book considers the legal and insurance aspects and includes a detailed chapter from a soil mechanics specialist, outlining the technical causes.

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