Neighbours building work

Jeepers_Creepers

I wouldn't worry too much about incurring costs - priority should be to ensure the situation is fully resolved.

I presume the 'lady' will at least have her own home insurance, in which case isn't the homeowner covered for public liability or summat? If she isn't, then she's going to be paying this off for a loooong time.

Ditto the builder. He definitely should have significant PL insurance. I imagine he's technically more liable than she is, as she could plead ignorance, whereas he's deep in poo.

Do you think the two neighbs should also be contacting their own insurance - let them know what's going on? Even if they don't have LP cover, the companies are still ready to give advice.

Rosa_Damascena

GDB2222 said:

Assuming that the lady in the middle only has limited funds to put this right, do you want the money spent on remedial measures or on multiple pw surveyors?  Ultimately, the liability may be attached to the property, but it may be personal to the owner, and if she goes bankrupt the work won’t get done, or it will have to be at the expense of the neighbours.

I strongly suggest getting a solicitor tomorrow, to get an injunction unless the lady agrees to stop all work immediately. I don’t recommend wasting the lady's money, as that may backfire.

No harm in her experiencing a dose of her own nasty medicine, though. Karma will prevail.

FreeBear

Jeepers_Creepers said: Ditto the builder. He definitely should have significant PL insurance. I imagine he's technically more liable than she is, as she could plead ignorance, whereas he's deep in poo.

The person to pursue in a claim such as this would be the woman in the middle. She is the one who appointed contractors. It is then up to her to claim off the the builder's PL insurance (if he actually has any).

Ignorance of the law will not be an adequate defence for her to fall back on - Even the most basic of searches on the internet should have alerted her.

GDB2222

Does house insurance cover against a deliberate act? 

pollypenny

I'm wondering whether the council's Environmental Health dept would be interested from the health and safety aspect, too. 

Doozergirl

pollypenny said:

I'm wondering whether the council's Environmental Health dept would be interested from the health and safety aspect, too. 

No, but the Health & Safety Executive could go and inspect to ensure that the builder is working correctly 😂.   The do inspect small sites now.  

Jeepers_Creepers

GDB2222 said:

Does house insurance cover against a deliberate act? 

It wasn't really 'deliberate', just reckless. The builder is surely liable? I hope his insurance is solid.

Yes, the homeowner failed to carry out the required process of applying for BC oversight, but can plead ignorance of the actual technicalities - as I bet she will, laying the blame entirely on the builder! Yes, she wanted flush walls with no pillars - don't we all - but it's the builder's (well, I guess it should have been part of the Building Notice application...) task to say 'Non - it needs to be done like this...and you'll need an SE to...' and mean it.

The first thing a builder with integrity should say when called out to view/quote for a job like this is "You'll need BC approval..." The builder has failed twice. Integrity and competence. He's stuffed, I think.

GDB2222

"The builder has failed twice. Integrity and competence. He's stuffed, I think. "

 He's also, by the time anyone gets round to suing him, moved abroad and changed his name. 

allIcouldwishfor

Any news @Jojomissy? I really hope this lady and her builder get their comeuppance. 

DiddyDavies

Do you know if the builder is registered on Checkatrade?
If so, you may well be able to find out which insurer covers their public liability insurance ( assuming of course that they have such insurance) as this is often show.
If the builder does have liability insurance and folds his business, a claim on the insurance may still be possible thanks to the "Third Parties (Rights Against Insurers) Act 2010,"