Builder damaged neighbours roof

Se99paj

We've had building work done over the last few months and in the process they accidentally broke a piece of my neighbours roof, this was only a slither of the roof that overhangs over a doorway, there isn't a gaping hole.

We believe the roof is asbestos so we can't rip out what's there, but he offered to cover the area with lead strips.

Our neighbour has now told us she thinks this would be a bodge job and doesn't want him to do anything.

I'm not sure where we now stand, I'm aware that we need to make good any damage that has been done and we're keen to do this, but at the same time it doesn't make sense to me to try replace a 40 year old asbestos piece as it will probably make the roof worse rather than better.

The damage is above the doorway.

Kiran

Have you got a photo of the damage?

Mark_d

Your builder accidentally damaged the neighbour's roof.  He offered to repair the damage as far as is practical.  You neighbour doesn't want the builder to do anything.  So what exactly is the issue?

It was your builder who caused the damage rather than you.  This issue is between your neighbour and the builder.  Your builder should have insurance to cover issues such as these.  But as the neighbour had declined the builder's offer then there's nothing further the builder can do at this stage.

I don't believe you do have any obligation to make good any accidental damage caused by your builder.  You have no responsibility for accidental damage caused by other people - whether that's your builder, or a courier delivering a parcel to you.

Section62

Mark_d said:

Your builder accidentally damaged the neighbour's roof.  He offered to repair the damage as far as is practical.  You neighbour doesn't want the builder to do anything.  So what exactly is the issue?

We need a picture to understand more about the damage, but if the damage is near the bottom of the roof then it is difficult to understand how the builder intended to use "lead strips" to repair the damage.  Unless the bottom sheet on the roof is very short the builder would potentially be spending more on lead (to achieve a weathertight repair) than it might cost to re-roof the whole area.

I suspect these "lead strips" might be something like a flashband... in which case I'd agree with the neighbour that would be a bodge (and unlikely to provide a lasting repair when used on old asbestos sheeting).

The builder should have known the difficulties involved in repairing old asbestos roofing and either kept well away from it or else agreed with the neighbour to provide some form of temporary protection.  How the damage was caused could also be a factor.

Mark_d said:

It was your builder who caused the damage rather than you.  This issue is between your neighbour and the builder.  Your builder should have insurance to cover issues such as these.  But as the neighbour had declined the builder's offer then there's nothing further the builder can do at this stage.

I don't believe you do have any obligation to make good any accidental damage caused by your builder.  You have no responsibility for accidental damage caused by other people - whether that's your builder, or a courier delivering a parcel to you.

Fairly sure that isn't correct.

Liability will depend on the specifics of each case. For example, whether the work was being done using rights granted by legislation or within the respective deeds.  The contract between the OP and the builder may also be relevant.

Ultimately the OP needs to decide how much of a neighbour dispute they are willing to generate in order to avoid properly compensating the neighbour for damage they don't disagree was caused by a builder working for them at the time.

ThisIsWeird

Se99paj said:

We've had building work done over the last few months and in the process they accidentally broke a piece of my neighbours roof, this was only a slither of the roof that overhangs over a doorway, there isn't a gaping hole.

We believe the roof is asbestos so we can't rip out what's there, but he offered to cover the area with lead strips.

Our neighbour has now told us she thinks this would be a bodge job and doesn't want him to do anything.

I'm not sure where we now stand, I'm aware that we need to make good any damage that has been done and we're keen to do this, but at the same time it doesn't make sense to me to try replace a 40 year old asbestos piece as it will probably make the roof worse rather than better.

Is the neighbour suggesting anything else instead? Or just saying, "Leave it!"?
For the latter, has this been said in a recordable manner? 
Any idea what the neighbour intends to do about the roof? Does this broken part risk water ingress?
A photo would be very useful, but in most cases a successful repair can be made, tho' it could involve something more advanced than flashing.

1404

Section62 said:

Mark_d said:

Your builder accidentally damaged the neighbour's roof.  He offered to repair the damage as far as is practical.  You neighbour doesn't want the builder to do anything.  So what exactly is the issue?

We need a picture to understand more about the damage, but if the damage is near the bottom of the roof then it is difficult to understand how the builder intended to use "lead strips" to repair the damage.  Unless the bottom sheet on the roof is very short the builder would potentially be spending more on lead (to achieve a weathertight repair) than it might cost to re-roof the whole area.

I suspect these "lead strips" might be something like a flashband... in which case I'd agree with the neighbour that would be a bodge (and unlikely to provide a lasting repair when used on old asbestos sheeting).

The builder should have known the difficulties involved in repairing old asbestos roofing and either kept well away from it or else agreed with the neighbour to provide some form of temporary protection.  How the damage was caused could also be a factor.

Mark_d said:

It was your builder who caused the damage rather than you.  This issue is between your neighbour and the builder.  Your builder should have insurance to cover issues such as these.  But as the neighbour had declined the builder's offer then there's nothing further the builder can do at this stage.

I don't believe you do have any obligation to make good any accidental damage caused by your builder.  You have no responsibility for accidental damage caused by other people - whether that's your builder, or a courier delivering a parcel to you.

Fairly sure that isn't correct.

Liability will depend on the specifics of each case. For example, whether the work was being done using rights granted by legislation or within the respective deeds.  The contract between the OP and the builder may also be relevant.

Ultimately the OP needs to decide how much of a neighbour dispute they are willing to generate in order to avoid properly compensating the neighbour for damage they don't disagree was caused by a builder working for them at the time.

I recently had building work done and I didn't sign a contract. I had a quote via an email if that's what you mean.

Se99paj

Kiran said:

Have you got a photo of the damage?

Just found a picture and added to the original post 

ThisIsWeird

Se99paj said:ed

Kiran said:

Have you got a photo of the damage?

Just found a picture and added to the original post 

A better pic is needed.

stuart45

Have you asked your neighbour what she wants done? For example, is she going to employ her own builder and send you the bill?

Section62

Se99paj said:

Kiran said:

Have you got a photo of the damage?

Just found a picture and added to the original post 

Is your building attached to theirs (as it appears from the picture)?  If so, it will be in your interests to get the roof repaired properly as by appearances the damage may result in water/damp getting into your walls.

The damage looks to be significant and rather more than a 'slither' - the overhang is important to keep rain out of the walls and off the door.  Without it they are likely to have water penetration/damp issues, as might you.

I wonder whether the 'leave it' request to your builder is because the neighbour doesn't trust yours to do the job properly, so will get their own builder in and then send you the bill.  Have you talked to them about this?

Also, was there a party wall agreement in place - either previously, or in relation to this work?

Section62

1404 said:

Section62 said:

I recently had building work done and I didn't sign a contract. I had a quote via an email if that's what you mean.

You don't have to "sign" anything to have a contract, though it is often advisable to have a paper contract both parties sign.

If the email with a quote referred to the builder's T&C's then accepting the quote may be taken to be acceptance of the T&C's and form a contract - subject to the provisions of consumer law.  If it didn't refer to the T&C's (or the builder doesn't have one) then you are in a legal grey area - having no written agreement on the business relationship between you can be really problematic if things start going wrong.  A builder who operates without any form of written contract or T&C's might also be one it is best to avoid having any dealings with.