Tarmac damage from skip company

a4r0n89

Main issue with seeing a solicitor is due to the skip company wanting to patch up my drive only and from the start had no interest in taking blame for it.

The contractor who I used are abroad so will see my solicitor for advice and then ring them on return and mention that the skip company are saying responsibility is on them due to the contract.

All I want is a easy life and my drive back to how it was before. I would prefer not to go down the solicitors route at all. As long as I get my drive sorted I will be happy.

ChumLee

the_r_sole wrote: »

Because the contractor would be liable for the damage if they had the contract with the skip company... Its fairly normal that contractors are responsible for removing and disposal of site materials including the skip. So any claims made should be through the contractor.

Liability will fall,with who was negligent.

ChumLee

a4r0n89 wrote: »

Main issue with seeing a solicitor is due to the skip company wanting to patch up my drive only and from the start had no interest in taking blame for it.

The contractor who I used are abroad so will see my solicitor for advice and then ring them on return and mention that the skip company are saying responsibility is on them due to the contract.

All I want is a easy life and my drive back to how it was before. I would prefer not to go down the solicitors route at all. As long as I get my drive sorted I will be happy.

Thing is legal costs are likely to be 2 grand plus, so I take it you'll be doing the small claims stuff yourself.

a4r0n89

This is what the insurance company said.

I don't know what to do really. Just see solicitors first then see where that takes me.

System

ChumLee wrote: »

Liability will fall,with who was negligent.

And eventually it will, however, if the main contractor has engaged the services of the skip company, they are responsible for their work to the op (assuming there is some form of building contract is in place)
In this situation it would normally be the client claims against the main contractor and he would in turn claim against the company he has engaged to carryout that portion of the work

The op has no contractual relationship with the skip company whereas the they have a contractual relationship with the contractor to complete the works - part of the works would include disposal of the waste

Dan-Dan

a4r0n89 wrote: »

Called my insurance company who say that I have a strong case against them and I could claim through insurance, but for the amount the drive would cost to resurface the probably wouldn't pursue the skip firm as their legal fee would be over £2k.

I would have an excess of £200

So what are they suggesting , your post isnt clear

Are they offering to settle with you directly ?

a4r0n89

So to start with I need to speak with the patio company who hired the skip to do the work?

I get my tarmac drive resurfaced by the firms insurance who competed my patio?

After this they will then have to claim against the skip company ( with no involvement from me?)


No the tarmac firm won't agree to anything more than a patch up where they damaged? With it being only 12months old drive I'm not happy with that as it will always show a patch.

ChumLee

the_r_sole wrote: »

And eventually it will, however, if the main contractor has engaged the services of the skip company, they are responsible for their work to the op (assuming there is some form of building contract is in place)
In this situation it would normally be the client claims against the main contractor and he would in turn claim against the company he has engaged to carryout that portion of the work

The op has no contractual relationship with the skip company whereas the they have a contractual relationship with the contractor to complete the works - part of the works would include disposal of the waste

There is nothing stopping him going straight to the skip company which he has done. Are you saying that if the driver had lost control and ploughed into his house that would be down to the contractor too?

a4r0n89

I think due to skip company having the attitude of its not their problem I will have to take it up with the patio company.

Thanks for all your advise so far regarding the matter.

southcoastrgi

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