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Strata council discusses suing District of Squamish

Marina Estates owners face an estimated $4 million in repair costs after an engineering report found the condo complex has extensive water damage just 11 years after its construction. And there's a chance that taxpayers could be left holding the bag.

Marina Estates owners face an estimated $4 million in repair costs after an engineering report found the condo complex has extensive water damage just 11 years after its construction. And there's a chance that taxpayers could be left holding the bag.

In a meeting with J. McCuaig, president of McCuaig and Associates Engineering which undertook an assessment of the complex, the strata council discussed whether the District of Squamish can be sued for approving "shoddy workmanship" and whether such a suit has ever been successful, according to strata meeting minutes.

"Yes and yes," states McCuaig in the minutes. "Delta lost a court case."

In that instance Delta was held responsible for $600,000 in expenses, or 20 per cent of the repair costs.

However when asked whether litigation against the original builder to recoup repair costs could be successful, McCuaig was less optimistic.

"Zero. No case has ever gone to court... usually settled out of court," he said.

The report by McCuaig and Associates, which was completed in February and publicly released this spring, states "all wall faces are experiencing water ingress indicating failure of the building envelope," and that this must be repaired "as soon as possible."The strata council decided to keep the information from the public in February, releasing the report last April.

Research revealed that one condo was purchased within that time period, and the new owner, who declined to give her name, said she was made aware of the structural problems before buying.

The strata council has declined to comment on their next course of action pending another study.

"There's a building committee that is currently looking at the options open to us," said Mohammed Afsar, a strata director for Marina Estates.

According to Afsar the committee's report will be complete in two weeks, and the strata council wishes to defer comment until that time.

According to the report the roofs of the three buildings are in good shape, and the water has instead entered the building through failed window assemblies and the aluminum rail attachments and the buildings' exterior decks.

"Fifty per cent [of wall interiors] are wet and this per cent will increase," McCuaig told the Marina Estates strata during the meeting. "Damage is systemic in all buildings."

McCuaig said that all stucco wall assemblies will need to be replaced and new rain screen installed immediately with an estimated cost of $4 million.

The price does not take into consideration rising building costs or inflation.

The balcony guard walls will need to be replaced immediately as well at a cost of $100 per lineal foot.

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