Finding the Proximate Cause in a Cracking Building Case
Not every cracking building case is as obvious as it first seems.
I want to know what is the proximate cause?
Sometimes its subsidence.
Sometimes it’s heave.
Sometimes it is a tree or removal of a tree.
Sometimes it is multiple factors but there is overriding non-compliance in construction.
In Victoria, property owners, builders, engineers and lawyers may focus on soil shrinkage and settlement. However, too much water can be just as damaging as too little.
When reactive clay soils absorb moisture, they can expand and exert upward pressure on footings and slabs. The result can be cracking, distortion and structural movement.
The question often becomes where did the water come from? How did the structure perform?
A leaking pipe?
What type of water? is there e-coli indicating sewage or is this storm water? How much water volume and when?
Poor drainage? Does the site comply with Australian Standards.
Stormwater discharge? Have plumbing tests been completed including CCTV and static pressure tests?
A change in site conditions? Was construction to code?
There are so many possibilities and issues to investigate and solid reasoning may require a process of elimination of causes.
Or perhaps the removal of a mature tree that had been extracting significant moisture from the soil for decades?
In property damage disputes, causation is everything.
Proximate cause is even more important AND logical and reasoned determinations are key. Often that requires patience to determine but clarity can arise from following the process.
A visible crack in a building is often the end of the story, not the beginning.
The real answer is often found underground and in the interaction between water, soil, vegetation and structures.
Great property damage cases start with well considered testing and reasoning, like plumbing tests, considering bore holes and floor level surveys and comparison of findings over time and of course the top level expertise to interpret it all and come to a conclusion.
Yes, in today’s internet of everything environment and AI access to quick answers, many are tempted to form a quick view or a general view - even insurers, grab a report and push on…but the real answer to successful legal cases in property damage law is simple…
Great experts, we need a specific view from each and a solid process to pull it all together based on sound reasoning and the right expertise for the right issue.
If the answer is underground. Don’t put your head in the sand!
Get great expert advice. Start by speaking to the lawyers who know the legal proofs thst are needed and the various experts who lead each field.
If you have a new or even stubborn property damage case - talk to Brockhill & Usherwood Lawyers. We are the experts in property damage law.
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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