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Next doors builder caused damage to property

Discussion in 'General Discussion' started by Trifid, Nov 29, 2019.

  1. phonemonkey

    Wise Guy

    Joined: Jan 15, 2009

    Posts: 1,000

    Location: On the wagon

    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?
     
  2. Trifid

    Sgarrista

    Joined: Feb 18, 2006

    Posts: 8,217

    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.
     
    Last edited: Nov 30, 2019
  3. phonemonkey

    Wise Guy

    Joined: Jan 15, 2009

    Posts: 1,000

    Location: On the wagon

    Seems an unnecessary expense given a little compromise would save them up to £750 for little hassle but yes, if they can't be persuaded to allow the neighbours builder the chance to rectify the damage first then in my (lay mans) opinion the responsibility falls back on them.

    They don't have to like or trust the builder. They have the right to have their property returned to its prior state. If they are not happy with the repair, then they are well within their rights to have someone else further repair it at the expense of their neighbour/ neighbours builder.

    Does it matter which of them is ultimately responsible and ends up paying? PracticalLy the results are the same since both your neighbour and their builder are going to prefer their builder does the work as a way of avoiding what they see as unnecessary costs.
     
  4. LeeUK

    Mobster

    Joined: Mar 1, 2008

    Posts: 4,751

    This is not really any help but don't allow any neighbours to let tradesmen on your property again. Always results in damage no matter how minor.

    My neighbour's builders just started to erect scaffolding on my felted flat roof last year to access their dormer they were having built without even asking. They were told to promptly remove their gear and vacate my premises. Why should I risk my roof from damage, regardless of who is going to pay for it.
     
    Last edited: Nov 30, 2019
  5. Maccapacca

    Don

    Joined: Apr 13, 2010

    Posts: 16,593

    Location: Sunny Sussex

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

    Let them replace them? They'll never match whoever replaces them.
     
  6. Van_Dammesque

    Wise Guy

    Joined: May 4, 2004

    Posts: 2,197

    Location: NE England

    Said builders: tell them to fix it within the next two days, tiles to match exactly and be of the quality to that of the existing tiles and fitting.

    If not you can approach the neighbours and builders to sue them both (the builders should have insurance, the neighbours will act as a legal pressure but also are culpable due the builders acting as agents to them).

    Be polite but firm, esp. with neighbours, if they are decent people they should immediately side with you, including the insistence of expedition of repairs.

    The very max. to sue for is time lost by you initiating this case AND the whole roof to be replaced if the original was in excellent condition. In otherwords your property would lose value with the lack of repairs and the lack of matching tiles. (The previous builders whom originally fitted them, or your receipt should show the description of the tiles used.)

    You should start and finish with exactly what you started with plus any inconvenience you suffered.
     
    Last edited: Nov 30, 2019
  7. Trifid

    Sgarrista

    Joined: Feb 18, 2006

    Posts: 8,217

    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.
     
    Last edited: Nov 30, 2019
  8. 4Play

    Hitman

    Joined: Oct 4, 2009

    Posts: 993

    Location: Hull East Yorkshire

    I have to agree with Macca here. I'm also not sure how it would be viewed (assuming the builder got permission from your parents re the scaffolding) when they are commiting to fixing the tiles. Surely even the most incompetent builder can fix a garage roof tile? It's not like they completely destroyed the garage and need to rebuild it.