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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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It has been proven that my property has received damage to

Customer Question

It has been proven that my property has received damage to the rendered brick wall between the ground floor and first floor bay windows due to the installation of replacement windows. The replacement window installation company's insurer's loss adjuster has offered to pay for a repair using rendered timber in place of the original rendered brick. I argue that this is not acceptable and that I want my rendered brick wall repairing in rendered brick material. Please could you advise: has there been a past similar case such as this where there has been a dispute over the use of different construction materials, and how was the case settled? Thank you.

Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : Would using timer affect the strength or performance of it in any way please?
JACUSTOMER-9q7tkrer- :

The house was built in the 1930's. The damaged wall was originally built of brick, it comprises of a plaster covered inner bick skin, a cavity and then an outer brick wall covered with decorative render and the outer skin is exposed to wet weather conditions and wind loading. Brick was the architects choice of material. In my opinion, brick is a more durable material than timber over a period of time and it is without doubt a more fire resistant material, it does not require the same level of maintenance, ie. timber requires re-treatment to prevent rot; rot could affect the structural strength over a period of time and would cost more to maintain. The house is situated on a noisy main road. Brick has better sound proofing qualities than timber, it does not resonate sound in the same way that wood does, (they don't make musical instruments out of brick :) ). I suspect that it would cost more to insure a timber structure. I would like to re-iterate that my question is: has there been a past similar case such as this where there has been a dispute over the use of different construction materials, and how was the case settled?

Alex Watts : Indeed there has. This demonstrated that unless there was or would be any form of under performance in terms of durability or structural straight then you and they have a duty to mitigate any loss.
Alex Watts : But you will need a surveyor report to confirm this for you.
Alex Watts : And your expert report would be admissible as evidence as such would support your case.
Alex Watts : Can I clarify nothing for you about this today please?
JACUSTOMER-9q7tkrer- :

Thank you but I do not understand fully the answer that you have given, could you please clarify by stating the name of the case that you refer to and then the answer to my question will be confirmed and I should be able to rate your advice and exit the site.

Alex Watts : I have gone out for breakfast so only now on my ipad, so it will be later on for the case if that is ok?
JACUSTOMER-9q7tkrer- :

Thank you, I shall await your response. Hope you enjoy your breakfast.

Alex Watts :


Alex Watts :

Can I clarify anything for you about this please?

Alex Watts :

If this answers your question, please take a moment before you leave and rate my service, which I hope has been excellent, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex