Homeowners and underwriters sue jointly for compensation

Redhill homeowners Christopher and Kay Gage have joined forces with their underwriters in a bid to sue for compensation over subsidence.

They are claiming damages from Abbey Pynford plc and PJ and J Healey and their legal battle centres around problems at the Gages’ home at Cricket Hill, Nutfield, Redhill, Surrey.

Mr and Mrs Gage claimed on their insurance in 2000 when their home suffered from subsidence, and their insurers, Nicholas Boardman as representation of Lloyds’ syndicate 1191, instructed Abbey Pynford and PH and H Healey to carry out repairs.

Abbey Pynford agreed to provide underpinning and other remedial works, for a total price of £59,440, but afterwards the oak flooring installed by PH and J Healey, trading as Prestige Flooring Services, came into contact with damp masonry below the damp proof course, and this led to problems, according to a High Court writ.

A diverted drain was not properly sealed off, and the oak flooring and Amtico flooring cupped and raised, the writ says.

The underwriters and Mr and Mrs Gage brand the builders negligent, and say they failed to exercise reasonable care and skill, leading to losses including the cost of repair works.

The newly laid flooring had to be removed, a concrete screed had to be broken out and removed, and a new damp proof membrane laid, before new screed was put down and a new floor installed, the writ says.

Mr and Mrs Gage, who had to move out of the ground floor during repairs, are seeking damages for distress and inconvenience.

The oak flooring and Amtico flooring was laid on screed which had not dried out properly, and this led to difficulties, the court will hear. Mr and Mrs Gage and the underwriters are seeking a total of £106,399.32 and interest.

The writ was issued by Lloyd Rehman and Co tel 0207 220 7445.