h. Contractors

h. Contractors

Contractors may become relevant where seepage is connected with renovation works, waterproofing works, plumbing works, drainage works, or defective repair works. 

A contractor may be sued directly if its negligent work caused damage to another flat. For example, a renovation contractor who damages concealed pipes or carries out defective waterproofing may be liable in negligence to the affected neighbour. 

In many cases, the owner or Incorporated Owners may bring third-party proceedings against the contractor. This is usually done to seek contribution or indemnity if the owner or Incorporated Owners is found liable to the plaintiff. 

However, an owner cannot always avoid liability simply by saying that a contractor was engaged. In nuisance cases, the duty to abate or eliminate a continuing nuisance may be non-delegable. This means that the owner may remain liable to the affected neighbour even if the immediate cause of the seepage was defective work by an independent contractor.