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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70507
Experience:  Over 5 years in practice.
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I had a fence fitted by a fencing firm and it is alleged they

Resolved Question:

I had a fence fitted by a fencing firm and it is alleged they damaged an electric cable to a street light, as it has not worked since work carried out.
I have been billed for the damage and when I read the small print from the fencing contract they are not liable for damaging underground cables unless apparent at site inspection or told about. The light is about 3 foot from nearest fence post with black cable heading to ground in rough direction of post. Am i liable for damage ( £662 to fix )??
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
I presume you didn't tell them about it?
Customer: replied 2 years ago.

no i never thought of it i trusted there experience and expertise

Customer: replied 2 years ago.

No it never occured to me they do it for a living I assumed they were competent and experienced in the subject

Expert:  Remus2004 replied 2 years ago.
They cannot contract out of the law.
Whatever the contract says on the point, if they caused damage they are liable for it.
The purpose behind this clause in the contract will be effectively to prevent them from being blamed for the actions of others.
The fact that you didn't complain at the time does not mean that they didn't cause the damage. It just gives rise to an inference that you didn't notice it so it couldn't have been that prominent. In the light of the type of damage this involves I am not sure that is really correct actually.
In terms of whether you are liable, they were your agents so you are,
You may well be able to recover by suing them though.
Can I clarify anything for you?
Jo
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