Who is responsible for a leaky roof?

I had a villa built on Phuket that was completed in January 2003 at a cost of more than 17 million baht. During the monsoon rains in October, I discovered that the roof leaks. The handmade tiles do not fit together well and the thin plastic under the tiles allows pockets of water to form when it is windy and rain enters between the tiles. I have a letter from the project manager stating that the project was developed by a competent professional design and construction team that would provide management, project delivery, quality control and security to my investment. In my...

  • Asked on Monday, February 2, 2004 | 03:21 PM
    Name and address witheld

It is difficult to give an exact answer without seeing the contracts between you and the various parties. Depending on the contracts you have with the parties involved, the constructor may be liable to repair the roof if a guarantee period is given, or the designer may be at fault if the roof design allows leaks. Most importantly, however, the surveyor who represented you should be responsible if he accepted the building as complete, along with the faulty work, especially if there was a dispute about poor quality materials being used.

  • Answered on Monday, February 2, 2004 | 03:21 PM
    Friedrich “Sam” Fauma, Senior Partner, International Law Office, Patong.
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