Brick wall crumbling

[osmodia]

4 years ago I had my garage shortened to make room for a caravan. A wall with a door was built across the open end.
Recently I had the roof replaced and during this the contractor had to fix additional support along the new wall. To his horror, as he was drilling into the wall to fix a batten the hammer action of his drill (A 24v small drill) popped out the bricks he was drilling in to.
The cement was so weak you could powder it between thumb and forefinger easily.
He warned me that the whole wall was unsafe and should be rebuilt.
I have tried to elicit a response from the builder with no luck.
Can I sue?

 

[tony1851]

If he was drilling near the top with a hammer drill, the bricks will pop out - what does he expect. He's trying to put the blame on the original builder.

Can you sue? Almost certainly not, regardless of the state of the mortar.

 

[osmodia]

He was drilling 2 bricks down. The cement is so weak you can dig it out with a fingernail, in fact I have just gone out and dug 1/2" deep in 10
seconds! Do you call that acceptable? I gave a piece to my 9 year old granddaughter and she crumbled it to dust between her palms almost instantly.

 

[tony1851]

If it's 2 bricks down, a hammer drill will disturb them, regardless of the strength of the mortar, as there is simply not enough weight from above to stabilize them.

As regards the strength of the mortar, from what you say, I would agree it seems very weak and crumbly (probably skimped on the cement content) but that of itself would be no legal justification for suing. The wall performed its function for four years and if left undisturbed may have stood for many more.

Not trying to denigrate what you say, just playing devil's advocate; in cases like this it's easy just to see your own side of it, but if you sue, you need to consider the arguments the opposition could put forward.

 

[stuart45]

You can sue, but whether or not you win is another matter. If the builder doesn't turn up to contest it you may do.

 

[trowlerman]

sounds like he might of used fairy in the mortar or to weaker mix ,it would be impossible to sue after four years I would think