Speed bumps and subsidence = who is liable?

michelleliverpool

Hi folks,

I have recentley noticed large cracks in one of my living room ceilings. It is directly opposite a relatively recentley built layed speed bump. There are no cracks in any other rooms. Could you tell me who is liable for this i.e. is it the council or what category would it fall under with regards to house insurance?

Any info/advice would be greatley appreciated.

Thanks
Michelle

lynzpower

Have you had a survey on this?

A crack is one thing, but in order to directly attribute it to the speed bumb is another, I think you need to have a structural survey done to see
a) if you are subsiding as this is different to a crack
b) if it is the speedbump or something else causing it.

only then can you find out where the liability lies

mattymoo

Any external cracks on the building? If yes - might be subsidence, if no, sounds like cosmetic cracks caused by drying out of materials.

Subsidence is highly unlikely from minor streetworks. It only normally arises from piling operations and these would not be needed for laying a speed hump.

I work for an insurer that covers a large number of civil engineering contractors so I'm pretty sure I'd have come across this by now.

The best way to proceeed would be to claim on your own insurance but this will be subject to a £1000 excess (minimum) and increased premiums for years and years to come. Also restricts your choice of future insurer, i.e. no one else will touch you.

Claiming against another party is fraught with difficulty - a) you have to identify who did the works and then b) prove their work caused the damage. While you do have to prove a causation link you do not actually have to prove negligence. Standard contract terms in construction provide cover for non-negligent liabilities arising from piling and ground dewatering among others. However, as said above, I doubt (in fact I'm 100% sure) piling would not have been used here.

lisyloo

Hi Michelle,

As others have said you would need to get proof that there is a direct link to use as evidence.
The timing and location alone is not enough to prove cause and effect.

It will of course cost money to get a survey done.

michelleliverpool

Cheers guys. Really appreciate your response and advice.
If its not the speed bump could it be due to the electricity board doing a massive dig? They changed the main line and dug from the property outwards. This was about 1 year ago?
It just seems odd that it is isolated to one room with very extensive cracking. The bedroom above isnt even used.



As for the insurance, they initially told me I wasnt covered and I asked how they knew without actually coming out and establishing what the problem is?...had a long a fruitfull conversation and i think finally they have agreed to send a surveyor out (for which i will incure costs-is this standard practice?)

Cheers
Michelle

Astaroth

what reason did they give for saying it wasnt covered?

michelleliverpool

Very good question! I asked them that question too. Apparently my vague (unqualified) description didnt fit the any of the categories I am covered for. They were very vague and just wanted to dismiss the claim without even determining what the actual problem was. To say I have had (and still am having) murder with them is putting it very lightly......