Neighbours Builders smashed through my wall twice

abc777

My neighbours are having a loft extension and have twice smashed bricks through our party wall while inserting Joists for the loft to be lowered, Once in the bathroom and once through our newly skimmed and painted Bedroom wall. No party wall agreement was is in place because the neighbour says he didnt know what this was.

The neighbour has offered to let his own builder and plasters fix the wall but i have declined and used our home insurance as I was worried there is structual damage and its a brand new bedroom just skimmed and painted. I also dont think his builders arent very good because they have twice damaged our property now.

The Neighbour said he had insurance but wants to see the insurance quote which was £1000 so he can decide whether to use his insurance to claim or pay cash, but is now avoiding us and wont return calls, I dont think him or his builders have insurance to be honest and dont want to pay please advise.

pramsay13

You would make a claim through your own insurance. 
They would then decide whether or not to pursue your neighbour or their builder to recover costs.
If you ask nicely your neighbour might pay your excess for you.

tacpot12

If you are still worried about structural damage, you need to establish whether the building is safe. I would ask your insurers for advice. If you need a structural engineer to assess the damage, you might need to pay for this yourself, but claim this back of the neighbour. Your decision that you need a structural engineer needs to be defensible, so use your insurance company to help you assess whether you really need an engineer or not.

If you want him to pay, you need to get three quotes. There is a question as to whether you are being unreasonable in not letting his builders do the repairs, which they will be happy to do at cost if it avoids a claim on their insurance. As you have home insurance, you probably have Legal Expenses cover as part of this, so call the legal helpline and ask if you can refuse to have his builders do the repairs. 

If you can refuse to have his builders do the repairs AND the engineer says repairs can wait or you assess that the building is safe, pop a copy of the insurance quote through his door with a note asking him to pay up within three weeks (or what ever the legal help line suggests is reasonable) This is long enough to sort out a personal loan for the money, which he will get back either from his insurers or his builders. (I doubt his insurers will accept a claim as the builders are liable in law for the damage they cause). 

DCFC79

Keep the thread updated OP.

I agree with you about letting the builders do the repair job if they have smashed through your wall twice.

abc777

The quote for the repair was from my insurance company surveyor to plaster and repaint the damaged rooms, there was no structual damage but I have little trust in my neighbours after having previous arguments over loud drilling and banging on the party wall  for 12 weeks now from 10am till 8pm 6 nights per week which when we asked could he please stop after 6pm was told its my house i can do what i like and the fact that this is a loft and full house renovation whilst the neighbour has move out costing upwards off £40000 which he told me. I expected a party wall survey and builders liability insurance for such problems.

Aspiration

I think you’re right OP, let the insurance company deal with it as that’s what you have paid for. 

Hopefully the repair work is completed with little hassle! 

neilmcl

abc777 said:

The quote for the repair was from my insurance company surveyor to plaster and repaint the damaged rooms, there was no structual damage but I have little trust in my neighbours after having previous arguments over loud drilling and banging on the party wall  for 12 weeks now from 10am till 8pm 6 nights per week which when we asked could he please stop after 6pm was told its my house i can do what i like and the fact that this is a loft and full house renovation whilst the neighbour has move out costing upwards off £40000 which he told me. I expected a party wall survey and builders liability insurance for such problems.

That doesn't sound like they've "smashed through" your walls. If all is needed is a plaster and paint job then no brickwork is damaged.

abc777

Bedroom wall damage

neilmcl

abc777 said:

Bedroom wall damage

That's a lot more than just a plaster and paint job then. I'd definitely get a proper structural survey done, wouldn't trust the insurer's.

Mistral001

It was the builder's mistake and ultimately he or his insurers will have to fix it.  He has admitted responsibility and offered to fix it.  You for your own reasons have refused that offer. 

Your own insurance will not cover this but you must inform them of the incident.  It is unlikely that the neighbour's insurance will cover it either.   

I would go back to the builder and negotiate with him.  If you do not want him to do the work, then get a quote from another builder and decorator and take it from there.  Do not get any work done until you have agreed with the builder who should do it and the extent of it.  I would cooperate fully with the builder and let him and his surveyor or any other of his professionals inspect the damage again should they want to do so,

GDB2222

Instruct a solicitor to get an injunction until a party wall surveyor is appointed. What’s going on is outrageous.