Who is responsible for damage caused during building work?

Spicy_McHaggis

matt8787 wrote: »

yes, good question - obviously both need repair - the question is, where does the £ responsibility lie.....

The builder has already suggested that it's the LA/water board's fault that the footpath has suffered damage as they weren't strong enough to take the weight of the loading lorry.

But can this argument apply to my property/driveway too?

It ain't their fault, they didn't drive over it, I can see the council coming knocking on your door when the damage is discovered.

matt8787

so, is the verdict that i'm financially responsible for putting right both the driveway and footpath?

real1314

You contracted the builder, who contracted the skip co.

The council will pursue you, you can pursue the builder.

When I had an extension and the builder needed to put skips on the drive, he arranged a large sheet of heavyweight plywood to spread the load. The builder is the one that should exercise reasonable care in this situation. imho.

unholyangel

Group 18(b): Transferring inappropriate risks to consumers
18.2.1 A contract may be considered unbalanced if it contains a term the supplier
is better able to bear. A risk lies more appropriately with the supplier if:
• it is within their control
• it is a risk the consumer cannot be expected to know about, or
• the supplier can insure against it more cheaply than the consumer.

18.2.2 Particular suspicion falls on any term which makes the consumer bear a risk
that the supplier could remove or at least reduce by taking reasonable care
– for example, of damage to equipment that he himself operates, or the risk
of encountering foreseeable structural problems in installation work. Such a
term effectively allows him to be negligent with impunity. As such, it is
open to the objections to exclusion clauses which are set out under Groups
1 and 2.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf

matt8787

So does that mean the builder should have been able to foresee the damage / should have taken necessary precautions / is liable for reparations?

Fightsback

Looks to me like there has been a water drainage issue where it's been running under the drive and under the pavement causing a void. Probably seeping between your front wall and drive wall.

This will most likely be their defence.

InsideInsurance

You potentially could have a claim against the builder under the terms of your contract and a claim against the skip company under common law.

The issue with the former is if your contract with them has any clauses about limiting liability. The issue with the second is that you have no contract with them and so only reliant on common law and so you'd need to prove they were negligent in their actions.

In any action against either of them they may call in the others as co-defendants, just as you would call them in should the council pursue you for the damages to the footpath.

Personally wouldnt put all the eggs in the same basket and would approach both about the issue

matt8787

thanks for the feedback.

sounds like although I can approach the builder / skip company to rectify the situation, I'm probably unlikely to be able to compel them to do anything

unholyangel

matt8787 wrote: »

thanks for the feedback.

sounds like although I can approach the builder / skip company to rectify the situation, I'm probably unlikely to be able to compel them to do anything

With no contract its reliant on statutory duty (with skip company). With a contract....the duty of care is greater. That is because when you contract a company/trader, there is an assumption that their duties will be carried out with reasonable care and skill.

The builder may have clauses limiting liability but the terms have to pass the test of fairness and they would have had to inform you of them prior to the contract being binding.

Read the document I linked above. It has a section on binding consumers to hidden terms, a section on exclusion and limitation clauses and also one for transferring inappropriate risks to consumers.

If they gave you a copy of their terms and there was such a term that effectively disclaimed liability for damage which is their fault - it would likely be an unfair term (since it would allow them to be negligent with impunity). When a term is unfair, it is void. It cannot be enforced and has no standing in law.

If they dig their heels in, send a letter before action. And then if you feel you want to take it further, you could file a small claims for the cost of repair (not a complete new drive as that would be betterment). Whether you want to go that far or not is up to you, I'd certainly recommend seeing if you can get a free half hour consultation with a solicitor (or using legal cover on your insurance if you have it) if you're unsure about anything.

Hintza

What alternative options for positioning the skip were there? I imagine none. I also don't see the builder being negligent unless you warned him that your driveway was of a substandard construction.

If the builder has done a good job for you approach him nicely and ask if he will help sort it out might cost you materials.

Go in all guns blazing and I suspect all goodwill on the build and the driveway will go out the window.