damage neighbors property

Posted by football (463 days ago)

i live in midlevels and started renovation last month.the contractors caused serious flooding to the apartment below and when the contractor claimed the insurance it was insufficient for the neighbors claim. The neighbor is taking legal action against the owner. Where does the property owner stand in all this and what if it went to court for $100k?

(I am based in Hong Kong)

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Posted by Jalous Uranus (463 days ago)

Sounds like the owner has a legal obligation to remedy the damage, as it contracted workers to renovate the flat. Did the owner obtain an idemnification from the contractor so that the contractor stands in for the owner? If not, the owner can claim against the contractor, the sum the neighbour is claiming.

(I am based in Hong Kong)

Posted by football (463 days ago)

indemnification in place. but how does it work in court..is it 2 cases..or neighbor and contractor in one?

(I am based in Hong Kong)

Posted by Jalous Uranus (462 days ago)

it should be neighbour as plaintiff vs. owner and contractor as defendants. note that because the owner has an indemnifier in place, the owner can be substituted by the contractor, therefore, neighbour vs. contractor.

it will also depend on the letter of the indemnification as well.

the owner had better find a lawyer for advice.

(I am based in Hong Kong)