DAMP ISSUES-HOTEL SPA
Lake District, UK
A Part 35 Instruction to provide evidence in respect of a claim being made by a Hotelier regarding a defective Spa building at a Hotel in the Lake District National Park.
Director, Phil Howden BEng (Hons) CEng FICE FIStructE IMaPS received a Civil Procedure Rules, Part 35 Instruction to provide evidence in respect of a claim being made by a Hotelier regarding a defective Spa building at a Hotel in the Lake District National Park.
The defects included dampness and water staining throughout the ceiling/ underside of the roof of a newly constructed Spa premises at the Hotel. At first, the Claimant and Instructing Solicitor believed that the cause of the damage was associated with defective workmanship by the Contractor. Following the site inspection and research of the available drawings by Phil Howden it was clear that the principal failure was in the design of the Spa, not the construction.
Between slate covered turrets The exposed GRP fleece reinforced liquid water proofed roof deck was completely flat with outlets above the main deck level resulting in an arrangement where the entire flat roof ponded for the majority of the year. The relevant British Standard requires minimum falls on such decks and accordingly the specified flat deck was not Code compliant. In addition the design included for a “Cold Roof” arrangement where the uninsulated cold deck was exposed to warm humid air from the Spa resulting in significant interstitial condensation.
In accordance with Civil Procedure Rules an Alternative Dispute Resolution procedure was sought and the Parties agreed to Mediate. The matter was settled at Mediation and Phil Howden attended to give evidence.