legal advise on builders damage

keystone

cyclonebri1 wrote: »

Well you'd like to think so but given the scale of work done it's pretty certain where the dust came from, and I feel the neighbour has evey right to have the roof returned to it's former state.
I'm sorry but it wasn't their fault.

I agree but Im not arguing against that.

Another view though is why on earth would someone put a bubble wrap type material on the exterior surface of the roof where it is exposed to weather and dust and muck anyway???. You could equally argue that the outfit that fitted it in the 1st place hadn't sealed it correctly.:A:A:A

How very true.

It seems to me that, in a nutshell, the problem here is:

1. Builder has caused some damage so is responsible.
2. OP is responsible for what his builder does.
3. Neighbour has seen some remedial work done (presumably it was discussed) and is not satisfied.
4. As (presumed) discussion at 3 has resulted in an unsatisfactory solution neighbour has now written to OP to put it on a more formal basis..
5. OP is now talking about consulting a solicitor.

It is 5. that is becoming nonsense over a paltry £ 250 - ten times that amount would be a completely different kettle of fish. So on balance over a cup of tea and a sticky the three of them agree builder probably caused some damage to neighbours property, OP is responsible for his builder, nobody knows if the material applied to the surface of the conservatory roof was either suitable or b applied properly so the neighbour might not have a complete claim. £ 250 plus VAT split three ways is £ 100 each. Builder can lose that £ 100 somewhere in his accounts, OP can lose it in the build costs, neighbour gets the roof (hopefully) done properly for 1/3 of the cost it would be if they did it themselves.

Job done, everybody happy, no dramas, no legal nonsense, everybody stays friends. I can see it all becoming intransigent and ending in tears otherwise.

Sorry if thats too simple an approach.

Cheers

vaio

Simple is good but personally I wouldn't go past point 1.

It's the builders fault and neither the OP or their neighbour should be paying anything

Leif

Surely the preferred route is to have a 'cosy' chat with neighbour, explain how sorry you are, point out that the builder was responsible, and that you will act as a witness in support of a claim against the builder. Explain to the neighbour that the small claims court is the cheapest route, as solicitors charge £200 per hour, and charge for each and every letter processed. Taking this approach you might keep on good terms with the neighbour, and they might get recompense. However, if the neighbour goes to a solicitor, well, it is in their interest to play it out, and charge a mint. Do point that out to the neighbour.

warney1

Well what a can of worms this has opened!
Firstly, a have an aquantance at school who is a solicitor, i never said i was going to see one 'on the record'. I just wanted some advice on where everyone stands.
I totally agree that my neighbour is not to blame at all, she wants her roof in the same condition it was in prior to the works we have carried out, totally understandable.
My question was where i stood with the builders, clearly someone has to fix it and i wouldnt dream of it being her.
I wish she had discussed it over tea and cake, but it was her that wrote the letter.

I have today, spoken to the builders, kicked them up the !!!! and they are coming round tomorrow to discuss it. I have knocked on neighbours door and spoken to her about it. Had a known she was still having problems with it i would have stepped in earlier with the builders.
It was her who contacted them in the first place to say they had made a mess on her roof, then she told me she had spoken to them.

many thanks for all your responses