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Old 23.11.2012, 20:05
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Legal Question - from whom can I seek compensation?

Quick legal question...

When moving into our new house, we had a significant flooding issue and we are seeking compensation.

We have spoken to the developer of the house and they say that we must seek compensation directly from the plumbing company that caused the issue.

That sounds strange to me - the developer is the legal counterparty from whom we bought the house and the compensation will be sought as non-fulfillment of that contract - that the house wasn't completed correctly. I have no direct contractual relationship with the plumbing contractor - they are a subcontractor to a subcontractor (the main building company) to the developer.

Can anybody tell me factually, according to Swiss Law, which party I should pursue for compensation?
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Old 23.11.2012, 20:23
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Re: Legal Question - from whom can I seek compensation?

Have you spoken to your insurance yet? I'm sure they'll find out who's liable.
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Old 23.11.2012, 21:03
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Re: Legal Question - from whom can I seek compensation?

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Can anybody tell me factually, according to Swiss Law, which party I should pursue for compensation?
Probably the architect or the developer, whoever engaged the plumber, if it was a fault of the plumber.
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Old 23.11.2012, 21:05
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Re: Legal Question - from whom can I seek compensation?

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Have you spoken to your insurance yet? I'm sure they'll find out who's liable.
There was no lasting damage per se and that which there was was repaired quickly, but we had massive inconvenience, rooms out of use for a week, drying machines 24/7 giving a sauna like environment in the house for a week (28C/65%), so I want to settle without recourse to insurance if possible
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Old 23.11.2012, 21:06
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Re: Legal Question - from whom can I seek compensation?

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Probably the architect or the developer, whoever engaged the plumber, if it was a fault of the plumber.
Quite why anybody would want to by a home in Ch beats me, looked at it once and thought run as fast as you can! It's just a nightmare waiting to happen.
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Old 23.11.2012, 21:12
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Re: Legal Question - from whom can I seek compensation?

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Probably the architect or the developer, whoever engaged the plumber, if it was a fault of the plumber.
"Probably" I got to myself
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Old 23.11.2012, 21:13
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Re: Legal Question - from whom can I seek compensation?

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Quite why anybody would want to by a home in Ch beats me, looked at it once and thought run as fast as you can! It's just a nightmare waiting to happen.
Great point. Anybody got the number of an estate agent?
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Old 23.11.2012, 22:04
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Re: Legal Question - from whom can I seek compensation?

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There was no lasting damage per se and that which there was was repaired quickly
So what's the problem...?

No need to sue anyone... Just be happy it was sorted out quickly and enjoy your new home.
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Old 23.11.2012, 22:15
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Re: Legal Question - from whom can I seek compensation?

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So what's the problem...?

No need to sue anyone... Just be happy it was sorted out quickly and enjoy your new home.
Its a long story, we got fleeced several times during the building process and needed to pay quite big sums to avoid being without a house, so this is a little bit of an opportunity for partially redressing the balance
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Old 23.11.2012, 22:19
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Re: Legal Question - from whom can I seek compensation?

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There was no lasting damage per se and that which there was was repaired quickly, but we had massive inconvenience, rooms out of use for a week, drying machines 24/7 giving a sauna like environment in the house for a week (28C/65%), so I want to settle without recourse to insurance if possible
Flooding is an insurance matter. You should have contacted them immediately and let them handles the costs. That's what you pay them for.
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Old 24.11.2012, 04:54
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Re: Legal Question - from whom can I seek compensation?

Who did you pay to have the house built?

The architect? Then go after him.
The contractor? Then go after him.
The plumber? Then go after him.

Quite simple, really.
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