New driveway but builders damaged pavement outside driveway

Section62

warwick2001 said:

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. 

This is the risk the OP is running.  They are responsible for the work done on their property which has caused damage to the highway.  They will probably be held responsible if anyone gets injured as a result of this damage.

The best way of mitigating that risk is to get it shared with the highway authority ASAP.  I.e. to report the damage to the highway authority (the council) and to get them to take control of the situation, even if that ultimately means paying the council's costs of making it safe.

The OP could potentially compound the risk if they attempt repairs themselves, or employ an(other) unauthorised contractor to work on the highway.

Section62

mattdragon2 said:

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

Whatever happens the council has to be informed.

Even an authorised contractor has to tell the council where they are working and what they are doing.

aoleks

as far as I know, dropped kerb extensions are approved and co-ordinated through the council, using one of their approved builders. if you went the official route, then it's not your responsibility as long as you went with a council approved company (can't see how that's not the case).

mattdragon2

The builders said they were council approved but aree unable to get the materials to repair the pavement.

aoleks

no. there's a difference between a council approved builder (they technically all are, as they have to comply with national regulations) and a builder you selected to do the works THROUGH the council, from a list THEY gave you.

if you just found a builder and asked them to do work for you, it's your responsibility, regardless of the company being approved or not.

if you instead paid the council to carry out the works they approved (that you applied for) and selected a contractor from their list, then it's the council's responsibility to ensure the work is carried out to a high standard. contractor doesn't get paid until council is happy with the works.

Section62

mattdragon2 said:

The builders said they were council approved but aree unable to get the materials to repair the pavement.

They said they needed "special tarmac".  That's a red flag that whatever 'approval' they might have, it almost certainly isn't one for working on the highway.

Section62

aoleks said:

as far as I know, dropped kerb extensions are approved and co-ordinated through the council, using one of their approved builders. if you went the official route, then it's not your responsibility as long as you went with a council approved company (can't see how that's not the case).

Councils usually either require the work to be done by themselves or their own contractor, or for the property owner to use a contractor from an approved list.

If the property owner goes with the second option - directly employing an approved contractor - then the property owner retains most of the responsibility for the completion of the works to a safe and satisfactory standard.

The only way of avoiding all responsibility for the highway works is to pay the council to do the whole of the works (on the highway).

aoleks

Section62 said:

aoleks said:

as far as I know, dropped kerb extensions are approved and co-ordinated through the council, using one of their approved builders. if you went the official route, then it's not your responsibility as long as you went with a council approved company (can't see how that's not the case).

Councils usually either require the work to be done by themselves or their own contractor, or for the property owner to use a contractor from an approved list.

If the property owner goes with the second option - directly employing an approved contractor - then the property owner retains most of the responsibility for the completion of the works to a safe and satisfactory standard.

The only way of avoiding all responsibility for the highway works is to pay the council to do the whole of the works (on the highway).

wrong, we've done our dropped kerb recently. once approved, you receive a list of council approved contractors to select from. you can select any of them, for example based on price. once you have a quote, you pay the COUNCIL and the council oversees the works, this is the whole point of going for an approved contractor. when the work is completed, the council inspects the quality of the works and only then releases payment to the contractor.

other than asking for a quote, the contract is not between you and the company lowering your kerb.

Section62

aoleks said:

Section62 said:

aoleks said:

as far as I know, dropped kerb extensions are approved and co-ordinated through the council, using one of their approved builders. if you went the official route, then it's not your responsibility as long as you went with a council approved company (can't see how that's not the case).

Councils usually either require the work to be done (1) by themselves or their own contractor, or (2) for the property owner to use a contractor from an approved list.

If the property owner goes with the second option - directly employing an approved contractor - then the property owner retains most of the responsibility for the completion of the works to a safe and satisfactory standard.

The only way of avoiding all responsibility for the highway works is to pay the council to do the whole of the works (on the highway).

wrong, we've done our dropped kerb recently. once approved, you receive a list of council approved contractors to select from. you can select any of them, for example based on price. once you have a quote, you pay the COUNCIL and the council oversees the works, this is the whole point of going for an approved contractor. when the work is completed, the council inspects the quality of the works and only then releases payment to the contractor.

other than asking for a quote, the contract is not between you and the company lowering your kerb.

That isn't what using an approved [highway] contractor* means. (*talking about 'external' works, not the council's own contract needs)

The 'whole point' of contractors being approved is only that they meet a minimum requirement in terms of competence and insurance cover.  Strictly speaking they are "pre-approved".  Highway authorities publish details of these contractors so that people needing to employ someone to carry out work in the highway can find a contractor they can use without needing to then go through the approval process on a project-by-project basis.

I think your experience is just a minor variation of option 1, the council have (somewhat weirdly IMV) allowed the resident to chose the contractor.  Normally the council would chose the contractor on the basis of the lower price, taking into account availability.  If the council is employing the contractor directly then they are 'employed' rather than 'approved'.

The second option - the use of an approved contractor directly by the property owner - requires that the contract is between the property owner and the contractor directly.  The council disclaims responsibility for the quality of the work done by an approved contractor (and anything to do with the financial arrangement), but may separately charge you an inspection fee to satisfy themselves that the job has been completed to the required standard.

aoleks

again, that's not how it works, I'm looking at my paperwork as we speak.

"Once we have been advised that the works have been completed, one of our Local Highways Officers will carry out an inspection to ensure the crossover has been built to correct standards. We will ensure that no payment is made to the contractor until all works have been completed and approved."

the dropped kerb is not yours, it's part of the road network, hence public. as such, all you do is instruct the council to build something for you. the whole point of using a pre-approved contractor is that should anything go wrong, they/the council is responsible and will absorb the costs.