1.3.GeoDesign heeft in november 2022 een technisch rapport uitgebracht. In dit rapport staat, voor zover van belang:
“In the night of 11th to 12th of September the water supply line from a refrigerator from apartment unit 3383 came loose causing water leakage.
- Based on the statement made by the security guard –[naam] the signs of broken pipe in the apartment [nummer] were observed at 11:15 pm and shortly after the water line was closed.
- According to the statement made by[naam] , the owner of the apartment 1184 situated below the plaintiffs unit who also noticed water leaking into her apartment, the water was closed at 1:30 am.
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It is very likely that damage found by claimant on October 17, 2019 is related to a leak from a refrigerator pipe that occurred at the night of 11th to 12th of September, 2019.
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This was a significant leakage that caused damage in the apartment 2284 and affected unit one level below –[nummer].
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And can damage caused by a water leak from leaking refrigerator pipe lead to damage to the ‘Gyproc’? Yes. ‘Gyproc’ is a gypsum board, on Sint Maarten commonly known as drywall or Sheetrock (…) used for walls and ceilings in both residential and commercial buildings.
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It is very unlikely that damage found by the claimants on October 17th, 2019 was solely caused by condensation.
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It is very possible that damage that was found on October 17th, 2019 was solely caused by a water leak from the refrigerator from apartment unit[nummer], however, as explained in point 2 above, it is very unlikely that condensation contributed to the damages.
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Condensation can cause damage to the gypsum boards – ‘Gyproc’. Gypsum board that is not moisture resistant is very sensitive to water exposure. (…) It is worth noting that damages of Gyproc caused by water namely: condensation, leaks or even properly working A/C are the same.
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If the damages surface were repaired by covering, plastering and painting only, without opening the Gyproc and allowing it to dry completely or replacing it, would that continue or worsen the water saturation?
Assuming that repairs carried out by the Home Owners Association on September 14th, 2019 in the apartment [nummer] after disconnecting refrigerator pipe at the unit [nummer] did not include drying out or replacing fiberglass insulation material and Gyproc from walls and ceilings, the Gyproc could get more saturated with water. The insulation that got effected with water does not dry quickly, especially if left in enclosed cavities of walls and ceilings. Water and the damp insulation with the gravity force will move down to the bottom soaking the gypsum boards.
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And what damage could this saturation cause between September 13, 2019 and October 17, 2019?
The gypsum boards saturated with water loses its structural integrity. The boards become weak, soft, the layer of paint is not able to adhere properly causing bubbles and blisters. Furthermore, the saturated Gyproc is vulnerable to mold growth.
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In your opinion, what is the cause of the damage to the Gyproc: is it due to water condensation due to the air conditioning temperature being too low, is it due to a broken water pipe from an overhead refrigerator pipe, or is it both?
From the information gathered so far, the damages were seemingly caused by water leaks; however three factors need to be considered and certainly taken into account:
1) There is anecdotal history of condensation damages in the Building
2) An inspection on how fan-coil drain could not be performed
3) There is a widespread presence of the rust in the elements of the DW structure that are difficult to attribute solely on a single leak.
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If both causes of damage play a role, to what extent do they play a role? Do both causes play a role?
It is possible and likely that both Causes played a role.
The possibility could not be Verified or evaluated in nature and extent as suggested by one of the Reports and Thus we shall never know for sure!
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Is there a causal relationship between the disconnection of the pipe to the refrigerator on September 11-12, 2019 in apartment [nummer] and the damage in apartment [nummer] reported on 12 September 2019?
There is likely a relationship relating to the cause.
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Did the water from apartment [nummer] come down into apartment[nummer]?
We cannot say for certain but it is likely.
What are possible causes of the damage reported on September 12, 2019?
The leak in the apartment above.
What are possible causes of the damage reported on October 13, 2019?
Same as above.
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The water that leaked from the apartment [nummer] was trapped in Gyproc and insulation of walls and ceilings as well as kitchen cabinets of the unit[nummer].
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Could condensation be the cause of the damage reported on Oct. 13?
It is very likely.
What is the difference between damage caused by a leak and damage caused by condensation?
Condensation could be more widespread and it might take longer to be detected than a leak.
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Over which period does condensation lead to visible damage?
It could be days or weeks.
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What is the role of the air conditioning (temperature) settings with regard to condensation in the apartment?
Only marginally relevant if we are talking about 19.5 to 22 C.
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Could condensation be the cause of the damage reported at 12 September 2019?
Not entirely but not Likely to our opinion.
Could condensation be the cause of the damage reported on October 13, 2019?
No. The conditions for condensation seems unlikely in this case.
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Is there a causal relationship between the disconnection of the pipe to the refrigerator on September 11-12, 2019 in apartment [nummer] and the damage in apartment [nummer] reported on October 13 2019?
It all indicates that the relationship is causal.
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Could water still leak in the apartment [nummer] on October 13, 2019 due to disconnection of the supply line of refrigerator in apartment[nummer]?
Unlikely but possible of the apartment was empty in between the leak and the moist might not have been detected.
Based on the available information, it appears that the damages in apartment [nummer] were caused by the water leakage caused by disconnected refrigerator line in unit[nummer]. However, three factors must be considered:
- There have been previous incidents of condensation in the building.
- An inspection of the fan-oil drain was not possible.
- Rust is present in various parts of the DW structure, which may not be solely attributed to a single leak.
We cannot dismiss the possibility of other contributing factors, but it is more likely that a pre-existing moisture issue was present before the described events occurred.”