Contractor liability for water damage

Questioner

My new apartment was completed three weeks ago. A week and a half ago, the water pipe in the kitchen burst, causing 5.5 cubic meters of water to flood my apartment. I was supposed to move in this Friday. I can't move into my new house because of damp floors. My home insurance covers the damage. The storage of the contents, the second move, and replacement housing are not covered. Not even by my home contents insurance, because it's a construction defect. The construction company won't do anything about this, because the apartment has already been completed. Can I hold the construction company liable for these costs?

Questioner

Dear questioner, You could consider claiming these damages from the seller, contractor, or builder. These are consequential damages resulting from a shortcoming/breach of contract. It's advisable to have a lawyer draft a letter, as this makes a stronger impression and often leads to a better result. I can assist you for a small fee; see the direct contact button.

Questioner

If there's a construction defect, you can claim damages from the contractor. It's important, however, that the cause of the damage is properly documented. Your home contents insurer might be wrong, and there might not be a construction defect at all (although it's unlikely that a water pipe would just burst). Have you already given the contractor (and/or their insurer) the opportunity to prepare an expert report before the water pipe is repaired? I recommend doing so to minimize the risk of disputes arising after the repair regarding the precise cause. Furthermore, the contractor will also be insured against construction defects, and if the contractor's claims adjuster determines that the cause of the problem lies in a construction defect, the contractor's insurer will pay out more quickly.