Construction guarantee on sewerage: What you need to know


Questioner

My question concerns the following: We have had a business unit for 4 years. There have been problems with the sewerage system several times (not internal) but last November our entire warehouse was flooded due to a blockage in the sewer outside. After calling in a drain cleaning company (camera footage and investigation), it turned out that the sewer was blocked with sand. Now my question is how long is the construction guarantee on the external sewerage? is because of these imperfections. According to the project developer, there is only a 1-year warranty. Is this correct?

Lawyer

I assume that you bought new units 4 years ago. In principle, liability for defects commences after discovery. Furthermore, the period/date of the first complaint is legally valuable. If it has never been good, the liability of the contractor (in this case the project developer) is established. I would certainly send a notice of liability and wait for the answer. In the notice of liability, you must also interrupt the limitation period of the legal action.

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