Freeport home owner to get $3.3m from WASA

THE Water and Sewerage Authority (WASA) was ordered to compensate a Freeport home owner for a leaking underground pipeline which severely damaged his home, causing the foundation to weaken and placing the house in jeopardy.

On July 15, Master Sherlanne Pierre ordered WASA to compensate Balchan Gopie for the damage to his home which, he said, was a hazard to his life and safety. Gopie will receive $3.3 million, plus interest.

In April 2018, Gopie, of Chickland Village, was successful in his lawsuit against WASA for negligence. The matter was sent to a master to assess compensation.

In his lawsuit, Gopie said he purchased the house in 1996 at a public auction by a commercial bank. He paid off the mortgage in 2013. He said there was no problems with the foundation or stability of the building when he bought it. However, in 2012, he noticed five leaks close to his property.

He reported the leaks to WASA. However, he said while some of the leaks were repaired, two remained outstanding and in December 2012, he noticed structural damage to his home and the land at the front and back of the home began to sink and slip.

Because of the delay in repairing the leak, the soil became drenched, resulting in Gopie’s home beginning to shift, causing major cracks to the foundation and columns of the building, his lawsuit said.

Gopie said he expected the authority to responded to his complaints much faster.

“This continuous problem which I have been subjected to for years, my property has become significantly damaged beyond repair and this has made me and my family very worried and concerned. He said the problem was only corrected in 2015, but by then, his house was inhabitable.

“Given the current and on-going problem of the building’s movement my home is now considered a hazard and unfit for occupancy,” he said in his evidence in support of his lawsuit filed in 2016.

Soil tests were done by the Ministry of Works and Transport, a private structural engineer, quantity surveyor and a civil engineer were hired to assess the nature of the damage to the house and provide estimates which Gopie submitted to WASA for compensation. He said all he received was a “run around.”

“I feel like I am going in circles and I am left in limbo without receiving any form of definitive response or redress.”

When he filed his lawsuit, Gopie said, “When I look at my house, I no longer see the home I once knew over 20 years ago. I now see a distant memory of my house that I started to build for myself and family.

“It is unsafe for me and my family…”

In his lawsuit, Gopie was seeking compensation in the sum of $2.2 million that was required to demolish and reconstruct the house. He was also seeking compensation for the monies he spent on having the technical reports prepared, as well as for the distress he suffered.

In its defence, WASA denied it was negligent. It said all reported leaks were repaired in a reasonable time.

It also said it was not responsible for leaks in the boundaries of Gopie’s property and that area was prone to slippage and land movement during the wet season.

“Any damage that the claimant may prove was done to his building was as a result of a landslide/land slippage in the area. That surface run-off flowed unrestricted as a result of the landslide and exacerbated same. The land movement/landslide/land slippage damaged the defendant’s pipe lines in the said area. ” the defence stated.

It also added that any negligence or damage was caused “wholly or in part” by Gopie’s own negligence since he knew, or ought to have known, of the swelling nature of the soil and its propensity for movement/landslides and constructed a building that could not withstand movement or swelling of the soil.

WASA also claimed Gopie failed to keep the soil around the foundation of the building free from water; failed to mitigate the damage or take the necessary steps in time to prevent further damage to the building.;

Gopie was represented by Anand Ramlogan, SC, Jared Jagroo and Robert Mitchell. Keston Mc Quilkin and Summer Sandy represented WASA.