Builder Damaged Neighbours Property - Who Is Liable
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2scoops0406
The builder.
Thanks for your response.
That is what I assumed.
This has been ongoing for some time, trying to get the builder back, seems he's very reluctant to.
My neighbour told me last night that I am liable as I took the builder on and that he's fed up with waiting and is going through certain channels and holds us liable.
My assumption is that the builder is liable, and that as long as I do all I can to resolve this as regards to the builder, that the dispute is between my neighbour and the builder.
That is what I assumed.
This has been ongoing for some time, trying to get the builder back, seems he's very reluctant to.
My neighbour told me last night that I am liable as I took the builder on and that he's fed up with waiting and is going through certain channels and holds us liable.
My assumption is that the builder is liable, and that as long as I do all I can to resolve this as regards to the builder, that the dispute is between my neighbour and the builder.
not sure here, the builder was your contractor and as such you have a responsibility for his safety under H&S law so it may be that you are the overseer and liable for any damages caused by those you hire. I'd seek legal advice rather than taking advice from here in this case. This is after all a DIY advice site not a Legal advice site.
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Thanks.
I am to seek further advice, although eveery avenue I've looked at so far states the builder as being liable.
He is responsibile to ensure the area is safe for his employees and that due care and consideration is taken to avoid any damages on the property he is working on as well as neighbouring properties.
If not he is in breach of contract and my statutory rights are also affected.
I was just wondering what thoughts/experience you guys might have on this.
I am to seek further advice, although eveery avenue I've looked at so far states the builder as being liable.
He is responsibile to ensure the area is safe for his employees and that due care and consideration is taken to avoid any damages on the property he is working on as well as neighbouring properties.
If not he is in breach of contract and my statutory rights are also affected.
I was just wondering what thoughts/experience you guys might have on this.
Just out of interest, what damage is he supposed to have done?
It is alleged he damaged a garage roof, garage window frame, and car. Builder reckons he's trying it on as he's seen an easy and cheap way of changing this asbestos roof that the garage has, as my neighbour is insisting he has a whole new roof.
It wouldn't hurt to start building up some photographic evidence.
Is your builder a reputable firm with proper insurance?
If you think you are at risk of being sued, inform your home insurance co.
As a homeowner (not a builder), on the few occasions when I've seen builders cause accidental damage (broken window, damaged slates) they've actually quickly fixed it themselves rather than risk ill-feeling.
Is your builder a reputable firm with proper insurance?
If you think you are at risk of being sued, inform your home insurance co.
As a homeowner (not a builder), on the few occasions when I've seen builders cause accidental damage (broken window, damaged slates) they've actually quickly fixed it themselves rather than risk ill-feeling.
big-all said:
Early on builder said he would replace 2 panels - he wants whole new roof
builder also said window frame is rotten, but will fill nicks - he wants new frame or window
builder reckons damage on car could have happened anywhere, it's bumper scratches, I think I agree
JohnD said:
I think the builder was going to look at some stuff but my neighbour has gone on and on and keeps adding more onto his list, the builder is fed up and I doubt he'll be back. The reputable firm bit is in question, but they are a member of the FMB, which as far as I am aware means they have to have liabilty insurance or they won't allow membership. Yes, I have tentatively spoken to my insurance. They also say the builder is liable.
If there is damage??pbar said:
The fact that your builder said he would do repair work suggests that he has caused damage and is admitting liability.pbar said:
But how could it be proven that the builder did cause the damage? Surely all he has to say is "it wasn't me"?
I take your point that the neighbour sounds as though he's trying to make the most of it and screw the builder but I wouldn't fancy his chances of getting anything out of the builder unless he's got proof that he caused it.
Under UK law, the burden of proof falls to the claimant (neighbour). He/she must prove/bring evidence which demonstrates beyond reasonable doubt that the defendant (builder) caused the damage that the neighbour claims. Essentially, all the defendant has to do is say 'didn't do it'. It's down to the neighbour to prove that he did.
Basically, the only way the neighbour can successfully win the case in court is if he/she has pics taken of the garage at the start of your build that show no damage and pics of the supposed damage as well as proof that the builder caused the damage.
I'd agree that if your builder made a written offer to the neighbour (signed, witnessed and dated) to replace the broken panels and fill the window then the neighbour would look extremely dodgy if he/she continued to pursue a compensatory re-roofing! Your builder should have public liability insurance to cover this sort of thing.
If you want to get this sorted out without going through the small claims courts, you can always suggest to your neighbour and builder that Alternative Dispute Resolution (ADR) might help. You all get round a table with a mediator and work out a practical solution. If your builder puts forward his offer of replacing any damaged bits, then the neighbour will look totally unreasonable if he/she continues to argue for more.
good luck!
Basically, the only way the neighbour can successfully win the case in court is if he/she has pics taken of the garage at the start of your build that show no damage and pics of the supposed damage as well as proof that the builder caused the damage.
I'd agree that if your builder made a written offer to the neighbour (signed, witnessed and dated) to replace the broken panels and fill the window then the neighbour would look extremely dodgy if he/she continued to pursue a compensatory re-roofing! Your builder should have public liability insurance to cover this sort of thing.
If you want to get this sorted out without going through the small claims courts, you can always suggest to your neighbour and builder that Alternative Dispute Resolution (ADR) might help. You all get round a table with a mediator and work out a practical solution. If your builder puts forward his offer of replacing any damaged bits, then the neighbour will look totally unreasonable if he/she continues to argue for more.
good luck!
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