Structural Damage Claims

Structural Damage and Failure Claims

knowledge of geotechnical and structural failure claims (defective design, defective construction or impact) means we are able to get to the heart of the problem swiftly and work towards resolving any dispute.

Causes can vary from concrete failure, metallurgical and welding failures, use of inappropriate materials, and construction/design failure but essentially a structural failure is loss or partial loss of the structures's load -carrying capacity initiated when the material (concrete, steelwork, masonry and timber) are stressed to its limit causing fracture or deformation.

Experience and current cases involving structural failures (complete losses - collapses and partial losses excessive cracking/movement) include:

  • Metal
  • Tunnels
  • Bridges
  • Utility pipelines
  • Dams
  • Roads
  • Cooling Towers
  • Chimneys
  • Buildings (commercial and residential)

Some common defects include subsidence, heave, differential movement and drainage, cavity tie corrosion, contamination of concrete and metal fatigue.

Ground Movement
Our team understands the nature of heave and subsidence and the disruption they can cause. Predicting and controlling ground movements is often complex. We will put the right team in place to ensure all relevant information is collected, preserved and available to assess the merit of any claims.

Subsidence

Subsidence Subsidence is the downward movement of the ground surface and Heave is the upward movement of the ground surface. The relationship between London Clay and tree roots is commonly an unhappy one. Shrinkage could lead to subsidence and expansion could lead to heave. Foundation depths in newer structures are designed at minimum depth but where vegetation has existed, does exist or will exist; greater depths are likely to be required.

Defective Design
We advise on claims against architects and structural engineers when it is said the service fell below that provided by a reasonably competent professional for example by providing incorrect advice, inadequately prepared plans, inappropriate or inadequate supervision the project, failure to keep a project within the specified budget, and where inappropriate specification of materials was used.

Whether there is a cause of action or not will depend on a number of factors (1) being able to establish the professional owed a duty (2) that there was a failure to provide the services in a way which could reasonably be expected; (3) that as a result you have suffered a financial loss.

Construction Failures
Defects are one of the major causes of dispute in construction litigation. Dealing with construction failures requires a solid understanding of the law, construction terminology, technology and practice.

There is a big difference between a construction defect and a nuisance claims. Construction defects could range from complex foundation and frame issues, which threaten the structural integrity of the construction, to aesthetic issues such as improperly finished surfaces.

All Risks Insurance Claims
For a large number of construction projects there will be in place project insurance, which under one policy, covers many of the interests of a number of project participants. Our team is able to provide specialist advice in respect of "loss of or damage to", and the various defective design, material and workmanship - the "DE clauses" and London Engineering Group "LEG" series, defects in design and defectively designed.

Claims under Defective Premises Act 1972
We defend claims in nuisance and under the Defective Premises Act 1972. We also advise on the Defective Premises Act (DPA) and in particular questions surrounding "Fit for Habitation".

If you would like more information on how could make a difference to your Property Damage Dispute, please contact us by telephone 0207 489 2035 or email Charlotte Waters

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