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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Building problem

Resolved Question:

Hello, I wonder if you can help.

I run a building company and 18 months ago we did a large renovation/extension during the process the excavation stage of the extension part of the neighbours land slid into our footings during a freak bout of bad rain.

It was bad luck, so we sured up the footings at this stage with some shuttering and continued with the build.

During the coarse of the build the neighbour fell out with my client and would not allow us on his land for making good his side.

So we finished the job and was paid bare in mind we was not paid for making good the neighbours side as quoted.

Now within the party wall agreement the neighbour has sued my client for around 5k

I need to know if I am liable for this because my client is saying that I need to pay.

The damage caused was down to weather not any bad workmanship and all along I made my client aware that they would need to pay for any disturbance on the neighbours side

Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether you were negligent in any way?

Customer:

Well no...... my client point of view is that I should have shuttered the footings before the rain and not after the damage but shuttering would not be used in normal conditions.

Alex Watts :

Do you have insurance at all?

Customer:

Well yes but I am with a different company for insurance now than 18 months ago

Alex Watts :

First thing is you should contact your old and new insurers. One of them should deal with this for you if a claim is issued.

Alex Watts :

But no, you are not liable if you have not been negligent.

Alex Watts :

If it went to Court they would have to get a surveyor to show what you did was wrong.

Alex Watts :

If they can't then you are not liable.

Alex Watts :

Even if the Judge finds that you are then if you have insurance then either your old or new insurer should cover that.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No that is very helpful thanks

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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