Advise required

Garyr76

I have just had a block driveway installed and unfortunately concrete dust went over the neighbours car, I asked them twice if they wanted me to clean it for them and both times got told do not worry. We have know been advised that they are instructing a solicitor for recovery of damage to car, 2 things am I liable or is the contractor that I employed liable. And seeing that I asked and was declined is it down to either of ud

lesalanos

No advise to give... just shaking my head as to what the world has become 

AdrianC

No need for a solicitor - in fact, a solicitor would tell them that... Just a small claim for the cost of professional cleaning. But they'd need to justify why it couldn't just be pressure-washed.

The contractor is liable. But the easiest solution would probably be a grovelling apology and a nice bottle of wine.

Ganga

AdrianC said:

No need for a solicitor - in fact, a solicitor would tell them that... Just a small claim for the cost of professional cleaning. But they'd need to justify why it couldn't just be pressure-washed.

The contractor is liable. But the easiest solution would probably be a grovelling apology and a nice bottle of wine.

Would have been best but appears to be to late as solicitors are being involved

[Deleted User]

It's entirely the contractor's problem, if their solicitor contacts you then just tell them to contact the contractor instead.

DoaM

The contractor was engaged formally and you have an invoice for the work, yes? And the contractor has Professional Liability insurance?

EdGasketTheSecond

But the neighbours claim will be from the OP, the householder. The neighbour does not need to get involved with contractors of the householder. period.

Scrapit

How much they looking for?

DUTR

Garyr76 said:

I have just had a block driveway installed and unfortunately concrete dust went over the neighbours car, I asked them twice if they wanted me to clean it for them and both times got told do not worry. We have know been advised that they are instructing a solicitor for recovery of damage to car, 2 things am I liable or is the contractor that I employed liable. And seeing that I asked and was declined is it down to either of ud

It's sort of easier after the event, it would have seemed easier to inform the neighbour prior to the work commencing.
However it is done now, for concrete to be on the car as you say then it sounds like wet concrete, as the dust would simply wash off, wet concrete can cause more serious damage and difficulty in removing, depending on the age and type of car it may not be a diy resolve.

Nobbie1967

EdGasketTheSecond said:

But the neighbours claim will be from the OP, the householder. The neighbour does not need to get involved with contractors of the householder. period.

The householder is not at fault, the contractor is. Vicarious liability does not generally apply when employing domestic contractors, only to employees. That is why they should hold public liability insurance.

10.2.1 here explains 
https://lawexplores.com/vicarious-liability-2/

DUTR

Nobbie1967 said:

EdGasketTheSecond said:

But the neighbours claim will be from the OP, the householder. The neighbour does not need to get involved with contractors of the householder. period.

The householder is not at fault, the contractor is. Vicarious liability does not generally apply when employing domestic contractors, only to employees. That is why they should hold public liability insurance.

10.2.1 here explains 
https://lawexplores.com/vicarious-liability-2/

The contractor is working on behalf of the householder, and I'm not suggesting anything here, the contractor chosen may have been ….well, we'll do it cheaper for cash etc , usually it is a win win for most.