Builder damaged neighbours property - am I liable?

moonboots89

I had some roofing work done and the neighbour's flue was damaged. The scaffolders admitted they did this and offered to repair but the flue and boiler are old and may not be be fixable.

A full replacement would be expensive and the scaffolders say it was basically broken already and was hanging on by a thread so they aren't prepared to pay for a full replacement.

What would you do in this scenario? Could I be held liable for this damage?

Keep_pedalling

Well the scaffolders are responsible not you, but your neighbour is not entitled a massive amount of betterment in having a new boiler. Not really sure of your best approach on this.

moonboots89

Keep_pedalling said:

Well the scaffolders are responsible not you, but your neighbour is not entitled a massive amount of betterment in having a new boiler. Not really sure of your best approach on this.

Thanks a lot for the response! That's interesting, I would have assumed that they would still be required to fix it even if that means needing to leave it significantly better than before (if that's the only possible fix)?

Hoenir

A matter for insurers to resolve. 

FlorayG

You're not responsible - scaffolders have their own insurance for things like this; however I guess you need to help as much as you can to get it resolved in order to stay on good terms

Eldi_Dos

If the matter cannot be resolved amicably I would say it is up to the builder,your contract is with them.

Edit: 
By builder I meant roofing company.

Flugelhorn

leave it with the roofers and scaffolders - they have insurance for this sort of thing eg dropping tiles on people's cars etc 

moonboots89

Thanks a lot everyone! Seems unanimous that 1) it's ultimately down to the insurers rather than me, but 2) I should try to do what I can to assist my neighbour through the process.

Much appreciated. Fingers crossed we can come to an amicable solution.

FreeBear

moonboots89 said:

Thanks a lot everyone! Seems unanimous that 1) it's ultimately down to the insurers rather than me, but 2) I should try to do what I can to assist my neighbour through the process.

Just to throw an alternative opion into the mix... The scaffolders & roofers were contracted by you, so ultimately, you are responsible for their actions. However, they are still liable for any damage caused. If this dispute were to go legal, the neighbour could sue you, and it would be up to you to pursue the scaffolder for the same amount (plus costs).

One thing you haven't mention is the type of boiler/flue - If it is gas, I find it difficult to believe it is not possible to get a replacement flue/terminal (same for an oil fired boiler).

ThisIsWeird

Ask your neighbour if he has Legal Protection included in his house insurance. If so, he should call them up for advice and guidance - it is free, and it is exactly what it's for.
Even if not, I think he should be contacting his own insurance co in any case, and they, too, will guide him on how to approach this, and it may even be covered by his own policy. If so, it should help to have it sorted more quickly - a non working boiler as it's getting cold. If it is covered, then expect his insurance co to then chase the scaffolders for some/all of the cost, or his LegProt might support him in doing this. This is you being 'helpful', but it's outcome nothing to do with you afaIk.
Ie, 'help' as much as you can, but I can't see any way that it's your responsibility. 
Regardless, I suspect the outcome will be that one insurance co or another will pay only a sum commensurate with a new flue, but the neighbour will not be entitled to betterment (again, now't to do with you!). So, if it really cannot be fixed, or a suitable new flue obtained for his old boiler, then he'll have to dig deep into his own pocket for most of it. As he would have had to do pretty soon anyway!
His plumbers' reports will surely make it clear it is an old boiler, most likely at the end - or beyond - it's useful life.
(I bet, tho', that a new/used flue section can be obtained and fitted successfully, should a Gas Safe be inclined )

stuart45

FreeBear said:

moonboots89 said:

Thanks a lot everyone! Seems unanimous that 1) it's ultimately down to the insurers rather than me, but 2) I should try to do what I can to assist my neighbour through the process.

Just to throw an alternative opion into the mix... The scaffolders & roofers were contracted by you, so ultimately, you are responsible for their actions. 

This is the answer. It's why you should check a builder has Public liability insurance, unless it's a really small job, or if you are prepared to take the risk.