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"Spontaneous" crack in v.expensive granite benchtop - tenant liable?

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  • milodavies
    Freshie
    • Nov 2006
    • 5

    #1

    "Spontaneous" crack in v.expensive granite benchtop - tenant liable?

    On latest property inspection, the tenant showed me a large crack in the granite benchtop in the kitchen. The kitchen was installed only 18 months ago. The tenant claims it "just cracked spontaneously with a loud bang". It will probably cost over $3000 to replace.

    Their explanation doesn't sound very plausable to me, but there is no way I can prove otherwise. Would the tenant be liable to replace this? ...they are an embassy so certainly have the money to do so.

    Any suggestions on how to handle this?
  • xris
    Fanatical
    • Nov 2005
    • 3283

    #2
    Can the tenant prove that they did not cause the damage, not can you prove that they did?

    xris

    Comment

    • milodavies
      Freshie
      • Nov 2006
      • 5

      #3
      No, I don't think they could prove that they didn't cause it. Are you saying that from a legal position, the onus is on them to prove that they didn't cause the damage and that if they can't, they will have to pay?

      Comment

      • xris
        Fanatical
        • Nov 2005
        • 3283

        #4
        Originally posted by milodavies View Post
        No, I don't think they could prove that they didn't cause it. Are you saying that from a legal position, the onus is on them to prove that they didn't cause the damage and that if they can't, they will have to pay?
        Basicall, yes.

        xris

        Comment

        • spurner
          Fanatical
          • Apr 2005
          • 1583

          #5
          Have you tried locating an en expert about it?

          They could probably tell you if a spontaneous crack is something which could occur in these benchtops. If they had a look at it, they may be able to tell you if it was created naturally, or if there is anything to indicate that force was used on the area.

          I wouldn't take the $3k hit without at least trying to recover the money through the TT.

          Comment

          • GJB68
            Opinionated
            • Sep 2005
            • 197

            #6
            Originally posted by spurner View Post
            Have you tried locating an en expert about it?

            They could probably tell you if a spontaneous crack is something which could occur in these benchtops. If they had a look at it, they may be able to tell you if it was created naturally, or if there is anything to indicate that force was used on the area.

            I wouldn't take the $3k hit without at least trying to recover the money through the TT.
            Hey there,

            have a look at this website:

            FindStone.com is a worldwide site since 1999 for the natural building stone industry. natural stone, stone portal, granite tile, marble and granite, granite and marble, marble granite, granite marble, marble & granite, granite stone, marble stone, stone granite, marble slabs, onyx slabs, granite & marble, stone marble, natural stone tile, marble and stone, stone and marble, natural stone tiles, natural stone paving, natural stone flooring, stone natural, granite and stone, stone and granite, natural stone suppliers, travertine, clean travertine, travertine floor tiles, marble travertine , care of travertine, travertine floors, sandstone cubes, stone cutter, stone polisher, stone mason, masonry, care, repair, maintenance, restoration, travertine maintenance, black granite, care of marble, cleaning granite counters, stone cubes, rss feeds, findstone rss, rss findstone feeds, rss xml feeds


            It has a few questions and answers re:granite, interesting comment from one of the experts saying that most cracks are caused by faulty installation. This could be the reason in your case, but I agree with spurner, get an experts opinion and even let the insurance company know.

            I could understand a cracked tile but it would have taken something very serious to crack granite, the reason we put these in is for peace of mind, last forever etc..

            Let us know how it pans out

            Glenn
            "If you think education is expensive, try ignorance"

            Comment

            • Traff
              Addicted
              • Jan 2005
              • 772

              #7
              I would get the granite company to come back and give you an opinion as to how the crack appeared. Has anybody stood on top of the benchtop to clean the ceiling or something? My husband used to work in kitchens and on a number of occasions when i've been painting ceilings etc he's told me to be careful of standing on top of granite work tops.

              The tenant is never going to own up if they have done it, why would they, and how can they prove that they didn't do it. Ask an expert, see what they say and then discuss it with the tenant.
              You may have to get the job fixed on your insurance and then go through the TT to get the money from the tenant.

              What are your tenants like? are they new tenants? or have they been with you for a while?

              Good luck let us know how it goes

              Comment

              • milodavies
                Freshie
                • Nov 2006
                • 5

                #8
                Thank you all very much for your suggestions. I'll post an update when resolved (hopefully favourable).

                Comment

                • whitt
                  Fanatical
                  • Jun 2005
                  • 3922

                  #9
                  I agree might be time to do an insurance claim.

                  Comment

                  • spurner
                    Fanatical
                    • Apr 2005
                    • 1583

                    #10
                    Originally posted by http://www.findstone.com/awnov04.htm
                    2. When a granite cracks it's almost always a consequence of a faulty installation.Unfortunately, from a distance, that's all I can tell you. Maurizio, Expert Panelist
                    Maybe you should get an independent person to check it out, rather than the company/person who installed it...

                    Comment

                    • sheree99
                      Opinionated
                      • Feb 2007
                      • 184

                      #11
                      You need to have

                      a qualified person check it out to see what they think cause the crack. The manufacturer may be able to recommend someone, that is assuming the manufacturer is sep from the installer. I would also advise you had your insurance company involved as well as it maybe a claim. If you tried to charge your tenant you would need to have expert advise/proof that it was the tenant that caused the crack through misuse/negligence etc. I think that if it cracked through them standing on it to say change a light bulb etc an adjudicator may also not find in your favour as you have not specifically told them not to stand on it and the average person would assume that granite was strong enough to stand on.

                      Comment

                      • cube
                        Thinking outside the square.
                        • Jun 2005
                        • 5076

                        #12
                        verage person would assume that granite was strong enough to stand on
                        I certainly would.

                        However, I would also suspect that the tensions in a granite benchtop, and the probability of natural weaknesses, would make correct installation vital.

                        The description by the tenant of a load crack would be consistent with a catastrophic failure - if they had done it, I'd expect more of a 'it just appeared one morning' explanation!

                        My suggestion would be to get an independent installer to check it out (note that the manufacturer my claim that incorrect installation voids any warranty). Do granite benchtops come with a warranty?

                        cube
                        DFTBA

                        Comment

                        • spurner
                          Fanatical
                          • Apr 2005
                          • 1583

                          #13
                          Any update as to what caused the crack? Or who paid?!

                          Comment

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