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Over recent weeks a water leak became apparent with water…

Customer Question
Over recent weeks a...

Over recent weeks a water leak became apparent with water running down our front driveway. We had our plumbers here to check it out. On a visual inspection they couldn’t find a definite leak, but thought the leak could have been coming from garden sprinklers and replace a tap washers, etc.The leak was still evident after a few days to see if the water on the driveway dried up, but this didn’t happen.After further visual inspections around the garden and throughout the house without finding a cause, they then called in a professional leak detection company with sophisticated electronic testing equipment (interesting to watch them at work), and the leak was finally detected in the wall of the bathroom just above the bath. It was in a tee piece in a solid brick wall where hot water was being fed to the bath and up and into the laundry on the other side of the wall.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Victoria

Lawyer's Assistant: Has anything been filed or reported?

Sorry, I hit the return key before I finished. To stop the leak the plumber had to take a couple of tiles off in the bathroom over the bath and dig back into a solid brick wall to get to a tee piece that had sprung a leak.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

On contacting our insurers, we were told that whilst we had the leak rectified, we were responsible for repairing the tile work as in this instance it isn't covered by insurance. Does this sound correct?

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/19/2017
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,306
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 7 months ago

where you have engaged trades to remedy the leak and they have done work outside the bounds of the policy you will be held liable for those costs.

Generally, what insurance companies want, in your circumstance, turn off the main, then call the insurer, and they will send their repairers to fix it under the policy.

does this answer your important question today ?

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Customer reply replied 7 months ago
No. you have answered the question with a question. What you are saying is that because it took a couple of weeks for a plumber to find the leak and repair it we are liable. What you have told me is that we should have turned off the main called the insurers and been completely without any water for 2 weeks or more. Complete waste of money paying $A70.00 for a 60 word reply that I have to try and read between the lines to understand.
Solicitor: John Melis, Lawyer replied 7 months ago

what the issue comes down to is the wording of the policy.

The policy generally requires the insurer to direct the fixing.

but in your case you have gone and arranged that yourself with the insurer authorizing the action firstly.

there may be a way around this point but I would need to talk to you on the phone to explain it.

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Customer reply replied 7 months ago
Not interested in maybe's. I will put the $82.00 toward the repair
Solicitor: John Melis, Lawyer replied 7 months ago

well. lets talk on the phone and we can review your policy in relation to the insurance you have as this will give you the answer.

I have extended a very special offer which is far more cost effective that attending a lawyers office for your consideration.

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