Builders damaged pavements - liability

Options
shadowseed
shadowseed Posts: 6 Forumite
edited 9 July 2017 at 10:05PM in In my home (includes DIY) MoneySaving
Hi,

Im having a building company do a extension on my property, however, some of their delivery lorries have cracked several paving slabs in front of my property on the public footpath.

Who is liable for this, the building company, or me ? What, legally can i do about it ?
Would the council have recourse to come after me for remediation, or can i point them at my builders.

Thanks in Advance!
«13

Comments

  • Doozergirl
    Doozergirl Posts: 33,813 Forumite
    Name Dropper Photogenic First Anniversary First Post
    Options
    "Their" delivery lorries?

    Delivery lorries usually come from builders merchants, not the actual building company?
    Everything that is supposed to be in heaven is already here on earth.
  • shadowseed
    shadowseed Posts: 6 Forumite
    Options
    They have their own lorries, but have also had deliveries from merchants and grabber lorries and a skip lorry.
    Either way, lorries they have commissioned.
  • Doozergirl
    Doozergirl Posts: 33,813 Forumite
    Name Dropper Photogenic First Anniversary First Post
    Options
    You commissioned them, they commissioned the deliveries. I doubt that your actual builders have anything large enough to damage the pavement - it's usually the hydraulic stabilisers of a hiab that cause damage when the weight is concentrated.

    Anyhow, it's the fault of whoever owns the vehicle, nothing to do with you.
    Everything that is supposed to be in heaven is already here on earth.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    Combo Breaker First Post
    Options
    Doozergirl wrote: »
    You commissioned them, they commissioned the deliveries. I doubt that your actual builders have anything large enough to damage the pavement - it's usually the hydraulic stabilisers of a hiab that cause damage when the weight is concentrated.

    Anyhow, it's the fault of whoever owns the vehicle, nothing to do with you.

    Agreed, technically they've failed to report a road traffic accident.
  • EachPenny
    EachPenny Posts: 12,239 Forumite
    First Post Combo Breaker
    Options
    shadowseed wrote: »
    Im having a building company do a extension on my property....

    Did you need to apply for planning consent for the extension, or was it permitted development?
    "In the future, everyone will be rich for 15 minutes"
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    edited 10 July 2017 at 7:35AM
    Options
    I think it's commendable to concern oneself with damage done by builders (or their agents) that have been there to do one's work. Many would be too irresponsible/lazy to do so.

    I take responsibility (ie for making sure they take responsibility) when I have builders around.

    In this case - I doubt there is a properly laid down procedure as to how to ensure the builders (or their agents) deal with their responsibilities. So - in your situation - I'd contact the Council and explain "It was z delivery firm - employed by x builders that did this. I'm a witness to what they did. Here are the contact details for both these firms for you to chase them for the money they owe you". It would be up to the Council to decide which of the two firms to chase for the money they owed.

    I'm guessing the builder (or their agent) would just claim it under the insurance cover these firms are supposed to have in case they damage a customers property - even though, in this case, it was Council property that was damaged (rather than your own personally).
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Name Dropper First Anniversary Photogenic First Post
    Options
    moneyistooshorttomention wrote: »
    in your situation - I'd contact the Council and explain "It was z delivery firm - employed by x builders that did this. I'm a witness to what they did. Here are the contact details for both these firms for you to chase them for the money they owe you"..
    Bearing in mind that the work seems to be ongoing, this might not be the best strategy! ;)
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    edited 10 July 2017 at 8:32AM
    Options
    Davesnave wrote: »
    Bearing in mind that the work seems to be ongoing, this might not be the best strategy! ;)

    Well - in that case - contact the Council after the event. I'm guessing it shouldnt be more than a few days/weeks time...

    Oh yes...and taking photos of the damage (just in case some other wotname that is "unrelated" to this causes further subsequent damage).

    EDIT; Not forgetting that reporting the damage is partly done to cover your own back - as a neighbour might well report it anyway........ahem...
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Name Dropper First Anniversary Photogenic First Post
    Options
    moneyistooshorttomention wrote: »
    .

    EDIT; Not forgetting that reporting the damage is partly done to cover your own back - as a neighbour might well report it anyway........ahem...
    You can't cover your own back for something where you have no liability.

    The waters have been cleared. You're muddying them again!
  • Furts
    Furts Posts: 4,474 Forumite
    Options
    I do not think there is a clear cut answer. There is a builders merchant near me which makes all deliveries with T&C which excludes any liability for damage off the highway. One then has to define the highway. In a claim I was involved with the merchant argued the customer requested where the drop should occur and was thus liable.

    Then there are the footpaths - these should be constructed to take reasonable use. Plus vehicle crossovers should be built stronger. Hence any damage could be a result of poor footpath building. It follows that this is a Council problem.

    Then there is OP. What instructions, or exclusions, were issued to all the vehicle drivers? Basically. we should all try to foresee and protect areas in the public domain.

    An easy answer is to act ignorant, and hope nothing ever gets said.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards