New driveway but builders damaged pavement outside driveway

mattdragon2

We had some drive way builders build a new drive for us.

We were also planning on getting the pavement redone and extend our dropped kerb by them after they did the driveway as a second job.

As they finished the driveway, they removed a bunch of tarmac on the pavement the length of our driveway, they said it would be fixed as part as the second job when they do the dropped kerb and redo the pavement outside our drive.

They now said they don't have the materials to redo the pavement so we are left with missing tarmac on the pavement the length of our driveway and half metre width. They suggested someone to redo the whole pavement and drop kurb but it's too expensive right now £2,500.

Do we have to pay to get the pavement fixed for the damage they did or should they fix it themselves since they damaged it even though they don't have the materials?

I don't want to be liable for someone tripping over the missing tarmac on the pavement, though it's not very deep..

Any suggestions?

Ganga

Any chance of a photo? have you got permission for a dropped kerb from your local council?

mattdragon2

Yes we have permission from the council for the dropped kerb.

The builders said they needed special tarmac for the pavement which they can't get hold of.

Section62

mattdragon2 said:

We had some drive way builders build a new drive for us.

We were also planning on getting the pavement redone and dropped kerb by them after they did the driveway as a second job.

As they finished the driveway, they removed a bunch of tarmac on the pavement the length of our driveway, they said it would be fixed as part as the second job when they do the dropped kerb and redo the pavement outside our drive.

They now said they don't have the materials to redo the pavement so we are left with missing tarmac on the pavement the length of our driveway and half metre width. They suggested someone to redo the whole pavement and drop kurb but it's too expensive right now £2,500.

Do we have to pay to get the pavement fixed for the damage they did or should they fix it themselves since they damaged it even though they don't have the materials?

I don't want to be liable for someone tripping over the missing tarmac on the pavement, though it's not very deep..

Any suggestions?

Yes.  The council would come after you for the cost of repairing the footway if you don't get it sorted out.  Whether or not you can get the contractor to pay instead depends on the contractor.  My guess is they won't entertain your request.

At the present time you could be liable in the event someone is injured (or worse) as a result of the footway being left in the condition it is in.

Personally, I'd contact the council and explain what has happened.  Tell them you think the footway may be unsafe as it is.  They can then take whatever measures they think necessary to reduce the risk.  You will probably be billed for what they need to do for 'making safe', but it will transfer some of the liability to the council between the point you contact them and when the work is carried out.

I'm really surprised the council have agreed to you starting work (and using the driveway for parking) without first having assurance you would also get the dropped kerb done asap.  People getting into the situation you are in (i.e. not being able to afford the dropped kerb) is one of the reasons why councils often require up-front payment for the dropped kerb before anything else is done.

mattdragon2

Thank you for the response.

Appologies, we already have a dropped kerb, but we wanted to extend it. So the approval was for an extended kerb.

Eldi_Dos

As a temporary measure and for your own peace of mind get some cold tar and a four pound hammer to use as a tamper.
Clean out any debris from area between drive and tarmac and tamp cold tar in there,will do until you get dropped kerb sorted out.

JohnB47

Surely, if the builders have done work 'in advance' and left the site unsafe, it is their responsibility to make it safe, not yours? Technically the job is in progress - they've started but haven't finished.

They shouldn't have started work on the dropped curb unless they had the materials to complete the job.

Having said all of that, I think you are going to be out of pocket with this one.

Section62

JohnB47 said:

Surely, if the builders have done work 'in advance' and left the site unsafe, it is their responsibility to make it safe, not yours? Technically the job is in progress - they've started but haven't finished.

They shouldn't have started work on the dropped curb unless they had the materials to complete the job.

They haven't started on the dropped kerb - the OP employed them to do the driveway, the dropped kerb was a second (later?) job.

What they have done is 'over break'.  They should have made good before completing the job, but I suspect they may have been playing the OP to make sure their associates got the job of doing the dropped kerb.

The highway authority is supposed to make sure only authorised people carry out work in the highway - the contractor doing the dropped kerb should either be employed by the HA, or one which the HA has vetted to ensure they have the right skills and insurance cover.

I'd be fairly certain the first contractor isn't authorised to work on the highway.  The second one possibly is, but if I were the OP I'd be making sure before employing them.

Because you need to be authorised and insured to do work on the highway I wouldn't suggest the OP tries to fill the gap themselves, at least not without the council agreeing (in writing) that this is Ok.

warwick2001

JohnB47 said:

Surely, if the builders have done work 'in advance' and left the site unsafe, it is their responsibility to make it safe, not yours? Technically the job is in progress - they've started but haven't finished.

They shouldn't have started work on the dropped curb unless they had the materials to complete the job.

Having said all of that, I think you are going to be out of pocket with this one.

Whilst I totally agree with this, if I was walking outside OP's house, and twisted my ankle on the unsafe pavement, I would be 'going after' the OP for compo, not the builders. It would then be the OP's problem (or insurance legal team) to 'go after' the builder. Making the walkway safe should be the priority, and leaving it to builders that may or may not come back would be a risky plan IMO. 

For the record, I wouldn't do what I've just described, accidents happen, but I can guarantee there are plenty of other people who don't think the same as me (my wife would say this is a good thing....). 

mattdragon2

I agree they shouldn't have removed part of the pavement if they didn't have the materials but we weren't made aware of that at the time.

We already paid for the driveway part and because the pavement and extend dropped kerb is another job, which they can't fix.

If I get someone else to drop the kerb and fix the pavement, do I still need to inform the council?

silvercar

mattdragon2 said:

If I get someone else to drop the kerb and fix the pavement, do I still need to inform the council?

In my area, you have to go through the council for work on pavements and roads. You can't DIY or employ someone yourself.

If someone reports that as a hazard, the council will investigate, fix it and bill you. You could pre empt this, by asking the council to do the whole job for you. You commented that they were expensive, but chances are that any council approved company will also be expensive.