Who's building cost for collapse trench

OHB

Hi

We are having some building work carried out which falls under building control regulations.

Our builders dug a 1m trench to prepare for footings for our buildings as requested by BC. Once this trench was dug BC visited and asked for a further 200mm. This was done and was ready for reinspection at the start of the week.

The trouble was that BC then became uncontactable and on Wednesday night we had a deluge of rain.

On Thursday morning we finally got word from BC they didn't want to see the new trench and photos were fine but on lifting the tarpaulin which was stopping rainwater from getting in the builders found the garden had collapsed into the trench.

They claim they didn't know there was sand under the ground which collapsed but my feeling is that anyone expecting heavy rain would make sure the shuttering was in place.

We have now redug the trench.. Added the shuttering and this morning had the hole filled with lovely concrete.

My question is that now the builders are blaming BC for what happened but are expecting us to pick up the cost of the extra labour and materials. I think this isn't our cost but wondering what others thoughts/common practice is

eddddy

I guess it depends what the agreement/contract with your builder is.

For example...

• If it's a fixed price quote for building an extension (that meets building regs), then they can't really ask you for more money.

• If they just gave you an estimate and are charging you for actual labour and materials, then they can charge you more for the extra labour.

• If they quoted you a fixed price for a schedule of works, including a 1m trench - but they had to dig a 1.2m trench instead, which wasn't mentioned on the schedule of works - then they can charge you for the extra work.

If you didn't establish these kind of details at the outset, now would be a good time to it. (Although your negotiating position is a bit weak, as the job has been started.)

bris

Builders cant be held responsible for BC or the weather.

societys_child

we had a deluge of rain

Don't know who would be responsible for that . . ?

shaun_from_Africa

bris wrote: »

Builders cant be held responsible for BC or the weather.

True, but surely they can be held responsible for ensuring that any work they carry out is of a good enough standard to withstand the weather we get in the UK.

Saying they can't be held responsible for the weather is a bit like saying that if a roofer is replacing some slates on your roof, it's not their fault if a downpour floods the house because they didn't secure a cover properly on the roof when they finished work for the day.

eddddy

bris wrote: »

Builders cant be held responsible for BC or the weather.

societys_child wrote: »

Don't know who would be responsible for that . . ?

Using that argument, the OP can't be held responsible for BC or the weather either.

So it's not the builder's fault and it's not the OP's fault. So who are you suggesting should cover the extra cost?

OHB

Hi thanks for the suggestions and edddy I will look into the wording of the paperwork. My feeling is that it is true that the builder can certainly be frustrated at BCs lack of urgency but ultimately this weather was well announced and that they have a duty to ensure adequate support at all stages. I wouldn't be quite so annoyed if there had been something put in place and had been overwhelmed but there was not even an attempt.