We are providing a summary of the meeting with the architect responsible for the supervision of the Pintalac painting works up until January 2018 , which was aimed at getting him to indicate to us the responsibilities of the company when faced with incidents that, up to today, still continue to remain unresolved
In short most claims will not be pursued for damp , fungus / dirt to wall ledges and the majority of small cracks , please see below for a more detailed definition:
The following types of incidents were noted:
1.DAMP: Three types:
In planters on the Penthouses, the only solution is maintenance or removing the soil. NOT CLAIMABLE FROM PINTALAC.
In ground areas of properties, this is damp rising from the ground, and it is difficult to resolve due to being in contact with constantly irrigated ground. Requires maintenance. NOT CLAIMABLE FROM PINTALAC.
Below stairs, it may be due to water filtration as a result of poor waterproofing of the stairs. NOT CLAIMABLE FROM PINTALAC.
2.WALL LEDGES: there is fungus and mould originating from stagnant rainwater due to there being no run-off. Requires maintenance. NOT CLAIMABLE FROM PINTALAC.
3.CRACKS: The great majority of these are not dangerous. They must be dealt with appropriately as far as is possible, especially the dangerous ones. Not all are claimable because the treatment of cracks is minimal, and they reappear after a while; only if they have not been treated, but we have no record of this. CLAIMABLE FROM PINTALAC DEPENDING ON EACH PARTICULAR CASE.
4.WINDOWS: The ledges of some windows are peeling or blown in different areas of paint. This must be dealt with properly. CLAIMABLE FROM PINTALAC.
5.OTHERS: Various incidents such as lights broken by the painter, marks on the ground, broken shutters, etc. CLAIMABLE FROM PINTALAC DEPENDING ON EACH PARTICULAR CASE.
In total, the number of incidents would be reduced to a very small amount. Therefore, the following has been proposed:
1-Owners with incidents relating to damp and wall ledges are not claimable as these incidents have nothing to do with the implementation, but rather the conditions on the properties (surrounded by damp ground due to irrigation, stagnant water on ledges when it rains, causing mould, filtrations under stairs, etc). The solution for this is that owners themselves would have to maintain the affected areas until the community repaints all properties again during the next painting contract after some years. It should be noted this is a continual issue and even on freshly painted appartments dirt and mould is very quickly back due to climatic and geopgraphic condidtion
2-For the other incidents that the architect has indicated are not claimable, we will talk to Pintalac about resolving these.
3-If Pintalac did not want to, we can evaluate a legal claim with the lawyer, but the board think this would not be worth it, as there would be very few incidents, for the costs that this could entail, and for the time it would take to obtain a judicial outcome.
4-If we do not make a legal claim, we could ask the current painter to repair these, as the cost would be minimal, due to there being such a small amount (between 6 and 10)