double twist, OP is the wooden post. no wait, op is one of the screwed in nails and is peeeeeeeed the **** off at being screwed
Do I need a Structural Engineer ?
- Thread starter Mano
- Start date
Quite - there might be damage but it is unlikely to be structurally compromising. Weather resistance, maybe. Minor damage, maybe. Structural failure? Not likely.
I think you might be wrong with that first assertion. IIRC under the Party Wall Act 1996 people have a right to affix to boundary walls that are on their boundary line with minor fixings, flashings and so forth. There may or may not be a process to follow but I'm fairly sure the Act gives the right to do so, and the adjoining owner can't veto it. Now if the builder has overdrilled and gone right through, he's at fault for not measuring the wall and taking care in his work. How long was the screw ffs? A standard brick is 102mm wide. That is some screw to go right through, adding the thickness of the timber too he must have used 150mm screws. A standard No6 (5mm) woodscrew in a 40mm long rawl plug would suffice more likely as not.
If it's blown the bricks and the neighbour won't accept a mortar repair then just rake the affected bricks out and insert a brick to match and repoint. That is all that is needed. No big drama. This assumes it's a garage with a thin single-brick wall. There won't be a cavity DPM or similar to worry about. If it's a cavity then I really don't see how the guy could have drilled right through. That would be madness.
Good luck. It won't get far. Tell him it's an insurance matter. Builder's PI insurance will likely cover this. Builder needs to put it right at his expense. That is the end of the matter. Neighbour can try and get his insurer involved if he's sensible and let them decide what specialist reports they want. Otherwise they won't pay out. Just say you want his insurer's details and your chap can speak to his chap. He can huff and puff but courts won't take seriously someone racking up ££££ for what is a few hours remedial work.
Where are the photos of the actual damage? Do they exist?
Edit: did the builder by any chance just use a nail gun? That could well explode the back side of soft half-brick (102mm) wide walls! It can even see the nail fly right through on the wrong power setting. I'd be a bit annoyed if that's what's occurred, but it is still a matter for the builder to put right, and one to refer to his building insurer if he's serious about making a big issue/trying to claim out of it.
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When your only tool is a hammer...
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 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.
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.
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.
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.
So tell him ‘kthanxbye’ - as has been said several times now, your builder needs to be allowed to make good the damage.
Alpha up and sledge hammer his garage down and tell him that’s the problem fixed.
The guy sounds like a bit of an awkward one. At this point get your insurer involved. Do you have legal cover with your policy? Also notify the builder of the situation and that either you or the neighbour will be claiming against him and that he should notify his insurers. SFAIK the neighbour would be best claiming against your builder's PI as it's his workmanship that has allegedly caused unverified damage but I'm no lawyer so not sure of the exact situation. The chap will quickly be brought down to earth with appropriate behaviour and due process once the proper parties get involved. It's unreasonable to demand you agree to pay anything without providing any evidence to show why it might be needed. Demand to view firsthand the alleged (and use that word) damage and be able to measure and document it with your builder present. If he won't then you don't agree to anything without taking legal advice and referring the matter to your insurers. He's being unreasonable and it will backfire if he does try to go legal later. The first thing any arbitrator looks at is what opportunity was given and attempt made to resolve things amicably.
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 ?
yes, I think so, but he has to demonstrate a lot before he can reasonably expect them to pay up. He's not going to be able to just have his cake and eat it. It's important though you refer to it as "alleged damage" until such time as he lets you and your builders view it for yourself. He could, for all you know, be round there now with a hammer smashing the crap out of it himself. The longer he delays you from seeing it the more a loss adjustor will run rings around him if the damage appears disproportionate at a later stage.
At his own cost.
to begin with. If he wants the OP to pay he can't just treat it as a blank cheque without demonstrating a) what damage has actually occurred, and b) what the required remedial work and reasonable cost is.
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to be sure i'd go mad .. and you would be paying to have the bricks removed and replaced..by a builder of my choice ..
it's down to you not your builder ..
it's up to you to recover the costs of his mistake ..
it's down to you not your builder ..
it's up to you to recover the costs of his mistake ..
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Tell him to crack on, what's he going to do? How will he get the money out of you? It will cost him more in time and effort and money to find out what damage has occurred and how much to fix it, after that he will have to go legal/insurance to get any money for the damages that will be bugger all as it's three bricks with holes in them.
Sit back, relax and laugh, you offered to fix it so he's obviously an idiot playing a game looking for free money.
As other have said it's also the contractors fault, not yours.
Sit back, relax and laugh, you offered to fix it so he's obviously an idiot playing a game looking for free money.
As other have said it's also the contractors fault, not yours.
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?