Next doors builder caused damage to property

[Trifid]

Hi.

Next door has had some building work which required scaffolding on my parents property. During the course of the work they have damage multiple tiles to their garage roof through carelessness (dropping heavy items, rendering being spilt on it). The garage is less then 2 years old.

The builder has been very aggressive with his position but says he will 'fix it', the neighbours haven't been very helpful with resolving it either. Do they have to let the builders touch it? My parents would rather pay their original builder to put it right then have next doors on their property. However this doesn't seem right to me.

Does anyone know what their rights are? No party wall agreement was signed.

Thanks.

 

[Trifid]

The neighbours sound scummy considering your parents let the builders erect scaffolding on their property.

Yeah, very poor form. They are getting on a bit and they know my dad's health has declined greatly in the last year. It's especially poor form as they admitted to going to the cheapest builder when my parents chose theirs on character reference.

 

[Trifid]

Presumably, there was notice of some sort?

Of the building work/scaffolding going up? It was 1 or 2 days notice only. They had run down the time on planning permission due to insufficient funds, then they found a builder last minute who would do it cheaper and could start straight away. What could go wrong?

 

[Trifid]

Is the builder demanding the chance to rectify the damage free of charge or is he trying to bully his way into paid work for your parents?

If the former I'd say it's not that unreasonable he be given the chance, just take lots of pictures and make sure you're happy with the work once it's complete and get him to agree a timescale on paper. If there are issues after that I'd say it's reasonable for you/your parents and their insurance companyto get someone else to fix the work and bill the neighbours builder.

If it's the latter tell them to get lost, offer them a chance to rectify their damage and failing that approach your insurance and let them deal with it.

Let the builder fix it in the first instance.

Why should he be given the chance though? Under what legal basis? My parents have no contract with him. If they damaged their car, would you say it was reasonable for him to get a can of spray paint from Halfords?

The builder who my parents appointed for their work is still around (they paused it because of my Dads health) and so it would seem reasonable they are appointed to repair the roof at next doors builders cost?

 

[Trifid]

If your parents have legal cover with home insurance

I think this might be the best course of action if they took it out but knowing my Dad, he would rather pay out of his own pocket which is what he did when the other sides builder crashed into their wall (was the day the Google Street view went past too!).

 

[Trifid]

Final note, if you've been as stand offish as you've come across in this thread then I'd be very surprised if this can be calmly and easily resolved. I understand your anxiety and desire to have things resolved quickly and to your satisfaction but a little tact and a good attitude will do you far more good in the pursuit of those aims then the opposite. Stay calm and polite in your dealings with both the neighbour and their builder. The more you dig your heels in the more they will too.

Don't worry, I've not approached the neighbours or builders. I am playing devils advocate to understand where they stand and why. We would all prefer to situation to have not happened in the first place.

I suppose the better analogy of the car is, if a garage owner rear ended you in traffic resulting in the need for a new bumper. Would you use their garage or your own? I would prefer to either use insurance or receive the funds to repair at my garage.

 

[Trifid]

Yes but he's going to prefer to do it at his garage because it's cheaper for him to do the work then pay some one else.

At the end of the day, if the work is done to a standard you find acceptable does it matter who does it?

FYI. It is my parents being awkward (but this is not unusual, it took them nearly 2 years to decide on their builder) and not myself, however from the stories they have provided, coupled with the evidence I do side with them on this. I think I'd rather they paid out of their pocket then have them on their site, we are probably talking about £500 worth of damage, maybe £750 maximum.

But anyway you are under no obligation to use the neighbours builder.... In actual fact, it looks like the neighbour is liable and not the builder? “The building owner shall compensate any adjoining owner and any adjoining occupier for any loss or damage which may result to any of them by reason of any work executed in pursuance of this Act.” This combined with them failing to serve the PWA properly means the neighbouring property is assumed to be in the right and it is for the building owner to prove damage did not occur as a result of their work.


If we look at the following statements:

• Parents don't want to deal with neighbours builder
• Parents want to use their builder
• Parents want the course of least resistance

I see only one option that meets all the above and that is to pay for it out of their own pocket.

 

[Trifid]

For a few tiles you've skipped letting them replace them and gone straight to defcon 5 all out legal wars 12?

Not at all, but would you want a builder doing work on your property who has caused damage through multiple incidents? To put them in exactly the same position then at least 200 tiles will need replacing. If you were a respectable builder you would apologies profusely and taken measures to ensure there were no further incidents. This is not the case.


I've spoken to my parents again anyway. I feel content that they shouldn't use the neighbours builder. If the neighbours don't refund them or seek the builder to do so then this is a reflection on them.