Damaged Pavement - advice needed

stargate222

Apologies for this thread as it is not strictly money saving but it may save my sanity!

This is a long story but I will summarise as best.

I live opposite an entrance to a construction site where the are building new schools/academy. Our once quiet road road is now HGV nightmare. Lorries are meant to enter from one direction only but they don't. Lorries coming from the other direction often mount the pavement whilst trying to turn in. The first occurence was September 2008!!!! So I have been reporting the damage to the council they've come and done temporary repairs. I have been kicking the contractor to report them to the council by telling them when it is damaged (even though they have a man at the entrance fulltime) so they are more aware of what is going on and that i'm not happy bunny. Also fed up as it is my phonebill.

By February 09 the pavement has turn to cream cheese it has been driven over so many times. So I started to really push to get it properly repaired with both the council and the contractor. So I have phoned/emailed/met people from the council and contractor but couldn't get anyone to do anything. So beginning of August I had had enough and took extreme action (out of character I might add) and blocked the site entrance! Got contractors attention! Upshot was they promised to arrange a meeting between the 3 of us.

However a couple of weeks past - no meeting. So next time council turned up to do emergency repair I sent them packing ( I should add that because they took days to turn up another lorry had driven over the pavement and flattened it a bit so not dangerous). Then got a leter from council about a meeting!

So had meeting on 27th August to discuss. I am happy with what they propose, at last, to do with two exceptions. They were meant to do the work this week but got email yesterday to say Monday and Tuesday. Problem is I live opposite a school whose entrance is adjacent to the site entrance, and the kids return to school on Monday!! My main problem is that the council aren't going to do the work it is the site contractor (they are NOT the council contractor). Now their standard of works they I have seen them do has not being very safe. I also believe that this illegal for the council do let them do the work without a licence. I have challenged this with the council but they can't tell me what licence they are using if any. I asked for them to confirm all this before the work started but they haven't. I rang them immediately I knew the works were happening again telling them I believed this was illegal. All I could get from them was that they will lokk into it but the work will go ahead Monday as needs doing!! I asked what further action I could take to stop the work. Reply - nothing the work will happen.

Now I am steaming:mad::mad:. I have phoned my councillor and left message to ring me. Chances of ringing back before Monday are slim.

What do I do?
Leave it be and wait for it to be investigated after the event?

Or do I park my car where the works are to take place so they can't do the work?

Or
something else?
HELP!

goldspanners

you want this work done so now the contractor that damaged it is going to do the work (if i make you out right?) whats the big deal? why do you care who does the work? as long as it gets done. if it isnt up to standard then just do as you have been doing and complian about it.

Debt_Free_Chick

Agree - let the contractor repair the damage they caused. However, Highways should inspect it to ensure it's up to standard.

DaveF327

The contractor doesn't need a licence; only "lawul authority" or consent from the highway authority - in this case, the council. See Highways Act 1980, sections 131 & 133. This authority can constitute the "making good" of damage under section 133.

stargate222

DaveF327T - agree with you, bit lax in my language about a licence. It is the "lawul authority" or consent I am struggling with. I don't believe there is any power in the Highways Act that allows the council to permit the works to be undertaken by the site contractor. Section 131 says they're guilty of an offence for damage and 133 says the council can make good the damage and recover expenses, neither says the council can let the site contractor do it.

DaveF327

stargate222 wrote: »

Section 131 says they're guilty of an offence for damage

Only if they do it without permission, which it appears they have. Section 330 empowers the local authority to do this.

133 says the council can make good the damage and recover expenses, neither says the council can let the site contractor do it.

Nor does it say they can't. Section 330 says they can. Eventually, it would be down to the courts to interpret any ambiguous points that haven't been determined before, but I really don't feel that the council are acting outside the spirit of the act. They are making good, whether it's done by themselves or an approved contractor. I don't know of any councils that get their hands dirty themselves. They all have contractors to do it for them, so if your particular council approves that particular contractor to do the work, then where's the problem?

I'd sympathise with you if they completed the work to your detriment, but shouldn't you at least give them a chance to fix it before complaining of the quality / legality? There's a pavement near me that looks like 'cream cheese' and I'd welcome the local primary school art club to come fix it, never mind a contractor licensed under the New Roads and Street Works Act.. as long as it's an improvement on the status quo.

stargate222

Dave - Sorry I haven't made this clear. They are not the approved contractor of the council, if they were I wouldn't have a problem. They are the sub-contractor of the main contractor of the principle contractor of the building site! They have no contract with the council, are not approved by the council nor are a statutory undertaker. Also the bloke measuring the site was from another company!

"give them a chance" - they have had 6 months to sort this out but haven't! Also there was an accident involving a lorry/car and pupil at school kicking out time due to their poor site management (some idiot put the site entrance 1m away from the kids entrance). They did some work o/s the primary school and made the kids walk in the road with no protection!

I believe in doing the right thing, not breaking the law and this is what the council is doing. They just want an easy life.

KeithP

Surely, if the council awards a contract to a contractor, the contractor is, by definition, approved, even if he wasn't before.

Please tell me what I have missed.

stargate222

KeithP. There is no contract between highways and the contractor. They are not working on the behalf of highways

27col

It seems pretty pointless to get the pavement repaired before all the work is complete on the building site. Surely it will just be damaged all over again.

stargate222

27col - not if they construct the pavement to withstand it being driven over. Also the damage is a hazard to pedestrians. Also it is a situation of their own making. The entrance is angled to make it difficult to enter from the wrong direction but that doesn't stop them trying and that is why the pavement is damaged. If they enter from the correct direction - no damage. Have suggested they put a 'no right turn' sign up but as usual a lot of nodding in agreement but no sign!!