Do I need a Structural Engineer ?

Mano · 7 Aug 2021 at 12:14

Hello everyone - hope I'm in the right place......I'd be really grateful for any advice offered!

While moving my garden gate unfortunately the contractor screwed the 3 nails of the gate post all the way through the neighbours garage wall.So it has damaged 3 bricks of the garage wall . The neighbour is demanding for a Structural engineer advice before replacing the bricks . My intention was to fix the damaged bricks but he is insisting on a structural engineer visit .

Can anybody say do i need really need one ?

Thanks

Mano · 7 Aug 2021 at 12:26

Thanks for your replay .... That was a very straight forward answer :cry:

...

So do you think it's not required . How should i prove him that i dont need one ? . Because he keeps on insisting on me !!

Mano · 7 Aug 2021 at 13:45

Thank you all for your reply . Now he has given me Structural Engineer quote for 500£ and escalated the issue with the police . Should i need to tell him if structural engineers report says there is damage . i will be able to bare the charges otherwise No .
Still i am not sure do i really need a structural engineer advice ?
More over he isn't allowing the same contractor to fix the bricks and he is commenting contractor as "Cowboy" builder.
Please advice

Mano · 7 Aug 2021 at 13:52

I really understand this . But he is cornering me that he needs a Structural Engineer .
how should i handle this please ?

I am not sure how to upload the picture

Mano · 7 Aug 2021 at 19:10

Thank you all for the reply . please find the image link attached and let me know your thoughts ..

Mano · 7 Aug 2021 at 19:58

firstborn said:
Where are the screws? Top middle and bottom of the post you circled?

Yes you are correct .3 screws Top,Middle&Bottom .

Mano · 7 Aug 2021 at 20:29

LOAM said:
Given it looks like the boundary line did you get permission to fix anything to their property? I know it seems like he's being an arse but it's technically criminal damage.

I have already taken police advice on this and he is convinced that this not a criminal case rather a civil case

Mano · 7 Aug 2021 at 20:34

Puzzled said:
What is the problem, have the screws gone through the other side and are now poking out or have the screws been removed leaving some small holes?

Needing a structural engineer is just nonsense, ask the guy who put the gate in to repair the damage. I bet he'll just put some filler in and use slightly shorter screws.

If my neighbour made some holes in my garage wall I'd be annoyed as well but more at the inept muppet who did the work. I'd be annoyed if the neighbour didn't ask before doing the work although not sure on the legal requirement there.

The problem is the nails have through the wall moreover i have taken permission before doing this job as well.He threatens me saying he will take expensive legal action and can claim for the property damage & personal damage

Mano · 7 Aug 2021 at 20:45

I agreed to pay for the damages, But he says builders not the right people to assess the damage, it has to be a qualified structural engineer to survey the damage and recommend any remedial repairs then reputed builders to complete the work. On completion it has to be reassessed and certified by the structural engineer.
Basically i understand he is trying exploit more money out of me !!!

Mano · 7 Aug 2021 at 21:00

rodders said:
Where'd the photo go, really wanted to see a garage that collapsed because of 3 nails.

Mano · 8 Aug 2021 at 10:19

I agree to all your comments . Will sort this out as you all suggested ..

Mano · 8 Aug 2021 at 14:45

dowie said:
How's he trying to get money out of you?

He seems to be a bit OTT demanding an engineer visit rather than simply fixing the problem but it isn't like he can personally profit from this. Did you ask him if it was OK to fix the post to his wall?

He is expecting me to pay for the
1. Structural Engineer visit
2. Fix the bricks
3. And a sign of from an engineer. I have to pay for all these it seems to solve the issue.

I assume he will exploit money out of me for the above and never appoint a structural engineer.

So, i assume that he will not allow me to fix the post to his wall.Rather i would fix the post on the ground which would be safer option.

ik9000 said:
He might not profit directly but he can be awkward and cost people unnecessary money out of spite. Some people get off on that kind of belligerent vindictiveness.

Let's give him the benefit of the doubt and he just wants to know that there isn't a residual on-going defect going to result. A few pictures and an email to an engineer with a short description/video would allow an initial diagnosis without a visit. that can follow if deemed necessary but if it's just a blown brick in a half-brick uninsulated/unprotected garage wall it really shouldn't be too difficult to get resolved.

Are there actually any photos available of the alleged damage? The pic provided so far is presumably from the OP's side and doesn't seem to show any damage.

I don't have any photos of the others side of the garage wall.He show me some photos of the damaged bricks but isn't willing to share one and neither allowing the my builder for access.

Mano · 8 Aug 2021 at 15:39

ik9000 said:
He doesn't have to agree to let your builder make it good at this stage. He is within his rights to find out the problem and seek 2nd opinion etc. But he does have to let you view and understand the problem.

What if he never agrees my builder to make it good.Do i need to pay for his builder to make it good or my neighbour claims from builders PI insurance ?

Mano · 8 Aug 2021 at 16:30

ik9000 said:
if the damage appears disproportionate at a later stage.

This thinks me of a different angle now!!.What if he himself damages along with the brick damage and tries to prove its a structural damage?.Is this scenario a possibility here? Or a structural engineer giving false report about the damages?

Mano · 20 Aug 2021 at 19:15

Hi All,
Thank you for all your advice.Please find the below email reply from my neighbour

Thanks for your email, on my previous email I asked for the report by his structural engineers who advised him that there’s is no need for structural survey. Rather than providing that he keeps asking for access.
I have clearly explained the process and why it’s important to follow as the property is let out.
We conclude that the issue wouldn’t be settled amicably and take further action necessary as per our legal rights.
If he got a good case he can defend himself in the court, if we are successful with our claim he can pay for damages, legal costs and compensate for the stress we went through in the matter.
Now we enter in to dispute and instruct structural engineers to survey and instruct the builder to carry out remedial work and claim the costs through civil court.

Mano · 21 Aug 2021 at 14:08

builder22 said:
yeah...has his house fell down in the past week or something?

.. This was the reply i received from him. When i said we don't need a structural engineer for these type of minor repairs.

Mano · 21 Aug 2021 at 17:18

Mano said:
Now we enter in to dispute and instruct structural engineers to survey and instruct the builder to carry out remedial work and claim the costs through civil court.

Just thinking,Will this cost me (OP) much when it's goes to civil court?

Mano · 21 Aug 2021 at 19:29

DB_SamX said:
Is this letter from the neighbour's solicitor?

No, This email is from my neighbour.

Mano · 21 Aug 2021 at 19:32

DB_SamX said:
So who is the "he" in the email referring to?

"he" referring to myself (OP)

Mano · 21 Aug 2021 at 19:38

builder22 said:
why not you/your or just your name rather than he/his!

it doesn't read like a letter directly from your neighbour to you - is it someone else??

Yes, Its wasn't sent directly to me. He said he wouldn't want to communicate with me directly. so he sent this email to the Police and Police forwarded it to me.