ᐅ Basement Water Damage, Cause Unknown—Is the Architect Liable?

Hello everyone,

Three years ago, we built a single-family house. At that time, we agreed on an architect contract that included all nine service phases, including site supervision and overseeing the rectification of defects.

Four weeks ago, we noticed moisture under the screed in one room of the basement, along one side of the house. Our architect came along with the general contractor responsible for the shell construction to inspect the damage. In one corner, the screed was "lifted," and water was standing about 1 cm (0.4 inches) deep beneath it. Neither of them could identify the cause.

We informed our home insurance (including coverage for natural hazards). An expert from the insurance company also inspected the basement and concluded that the insurer will not cover the damage (drying of the screed by a specialist company). A few days before we discovered the damage, there was heavy rainfall. I checked the basement immediately after the rain but found no water damage at that time.

The screed has since dried. We initially left the holes drilled by the drying company in the screed open to monitor if and where water might reappear (about half of the basement was affected). This gave us a starting point to continue investigating the cause.

How should I handle the invoice from the drying company? Can I hold it against the architect and ask him to pay it? We are still within the five-year warranty period.

Thank you in advance for hopefully many helpful responses!

Hello,

Mr.Turnip schrieb:

How should I handle the invoice from the drying company? Can I present it to the architect requesting that they pay it? We are still within the 5-year warranty period.

Before this question can even be properly addressed, the issue of the soil report arises. What does it say regarding the ground conditions in relation to the construction of the basement?

Regards, Bauexperte