Water damage

[tompster]

I hope its ok to write in english. I know some estonian, but not enough.
I have a question regarding estonian construction rules and law.

I have a 5 year old apartment in Tallinn that had a boiler that broke.
The boiler was in the sauna. The water went right through the floor,
into the bedroom downstairs.

With the building code at that time, there should have been water insulation
under the tiles in the sauna. The water should have just run under the sauna door into the shower drain, and no water damage should have happened.

It is about 5 years since the apartment was built and it had only a 2 year guarantee. Is the builder in any way responsible by estonian law?

I know in finland it would be considered a major defect, a whole phase
of work that was not done at all, and something for the buyer to be impossible
to inspect. By finnish law I believe the builder would be responsible without
any time limits. But differant countries, differant laws I'm sure.
I would appreciate any help.

Tom

[vanakala]

bad incident! don`t collection.....,be used immediately ! maybe badly installed? low-cost product? helping insurance on buildings! hidden in the works for the poor can go to court! poorly received work or acceptance inspection? pipes and equipment were.... no make pressure test? i like style "meybe" or "really"!

[veebimeister]

so, there were no incidents during the 5-year period? I don't think that the builder has a timeless responsibility by Estonian Law. To my mind, Insurance companies should handle these kind of later accidents. Maybe someone else here can explain this situation better....

[Külaline]

this case is yes, clearly insurance thing!

[renke]

Garantiiaeg on selleks, et sellel ajal peab ehitaja enda praagi vastuvaidlematult likvideerima.
Kui garantiiaeg on läbi, saab ehitajat sundida kohtuotsusega ikkagi enda praagi likvideerimist kinni maksma, ainult vaja on kohtus tõendada, et ehitaja tegi tööd, mis ei vastanud mõnele kehtinud dokumendile, näiteks projektile.
Aga kohtu teed, teadagi, pikad on.

[Obama]

i dont think that warranty and fraud is the same thing.
warranty covers the faults of proper work in a certain period of time. if the work has not been done properly then you basically arent even allowed to give warranty for it and its a 100% win in the courts (depends on the construction law requirements most likely).
1st level court is free for the winner imo - i dont think the builder wants to cover the court costs plus all the damages... so if you tell them you'll go to court, they'll probably push things moving...

maybe theres some progress already?