Following on from what we discussed in the last post, differential settlement caused by uncontrolled water leaks, can reach the foundations of homes and seriously affect a footing, which means that the damage to the homes can be really serious. The first thing to check is that there is no punching shear in the structural elements, in order to rule out the risk of the floor slab collapsing, so that an urgent evacuation for fear of structural collapse is not necessary; in other words, it is more likely that the building will remain serviceable for months, even years. But it is not wise to skimp on precautions.
Even if no damage at all has been observed in the structure, it is clear that the repair must be carried out as soon as possible, since the defects may continue to develop, albeit at a much slower rate, especially once the supply network that was causing the water ingress has been repaired. Crack monitors will need to be installed and the affected properties monitored.
If any movement is detected, however small, it follows that if the damage was caused by the uncontrolled flow of water from the burst supply pipe, and has caused serious differential settlement in the foundations of the homes, IT IS NOT STABLE AND WILL CONTINUE TO PROGRESS UNPREDICTABLY, and it is a matter of real importance and significance to bear in mind that consolidation and repair works must be carried out. Underpinning the foundations, using micropiles, resins, etc..
What time limit do we have to claim against the public authority responsible for the malfunctioning of its public service? ONE YEAR. And when does the year start to run? As this is ongoing damage, also known as “continuing damage”, it does not necessarily run from the first day the victim became aware of the damage, when it became more evident. Instead, the year may start to run once its full extent is known, its seriousness, development and significance are understood. And this knowledge can only be obtained through a technical report. In that case, it is the issue or delivery of that report that may determine the start of the limitation period. The limitation period does not start to run until the full extent of the damage is quantitatively known to the injured party.
Nevertheless, in order to record the existence of the damage within that period, it is advisable to file a report with the Town Council or the Police, obtain a notarial certificate of facts (acta de presencia), and/or send a formal demand to the Administration or the responsible concession company, as the case may be.
If you have any questions, please consult us.
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