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Joshua, Lawyer
Category: Law
Satisfied Customers: 32257
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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A building working at my home blocked my drive with

Customer Question

A building working at my home blocked my drive with materials so I parked out on the road. He had a sign which in the wind blew into my car causing damage. Audi have quoted 1600£ he is saying he will pay £300. I am I legally allowed to deduct the monies from what I owe him
JA: Where are you? It matters because laws vary by location.
Customer: Kirklees west yorkshire
JA: What steps have you taken so far?
Customer: Do I need to repeat issue
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nothing I can think of
Submitted: 17 days ago.
Category: Law
Customer: replied 17 days ago.
Builder intially said act of God then agreed to pay £300
Expert:  Joshua replied 17 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 17 days ago.
  1. I am very sorry to read of the above. May I asked the nature of the item that they want to your car please?
  2. how if at all was the item in question secured i.e. tied down?
Customer: replied 17 days ago.
It was a small sandwich type board with builders name on and not secured
Expert:  Joshua replied 17 days ago.

  1. thank you. were the winds particularly high such as a storm for example? if so, was this store more high wind predicted by weather forecasters as opposed to being a freak gust of wind for example

Customer: replied 17 days ago.
It was windy weather as reported by weather man he placed it on the footpath
Expert:  Joshua replied 17 days ago.

thank you. If the contractor placed a board on the road without securing it to the ground in the knowledge that there was a predicted storm or high winds then I cannot see that this amounts to force majeure ( act of God) but rather was negligence on his part as their would be at least a significant risk if not a certainty that such a board would be blown by the wind. naturally, it could not be predicted that it would have blown  into your car, but it is reasonably foreseeable that this would have been a risk that it would have damaged vehicles parked nearby in the circumstances

such a claim for negligence in this regard is a claim made under the law of tort. In order to prove a case in tort, you need to be able to show that another person owes you (1) a duty of care which in the case of a contractor working for you, of course you can; (2) that they fell short of that duty of care - we will return to this and (3) that you suffered loss by way of personal injury or property damage as a result which again you can.

This leaves you with (2) as the remaining hurdle. In order to show that they fell short of their duty of care, you will need to be able to show that in the circumstances, it was reasonably foreseeable by the contractor that the board could have been blown by the wind so as to cause property damage which we have discussed in more detail above. in the circumstances whereby you can show that the adverse weather was predicted, then I cannot see any reason why you could not show that the damage that has been caused was reasonably foreseeable and that as a consequence, the contractor was negligent in leaving the board out given the weather that was predicted.

as such, though there is an obligation upon you to mitigate any losses you claim, I cannot see any particular reason why you should not be able to make a full claim for indemnity in respect of any reasonable repair costs and other losses you suffer as a consequence of the contractor's apparent negligence. If this becomes necessary, and you cannot agree terms between you, then a claim can be made in the County Court in this respect:

Customer: replied 17 days ago.
Am I allowed to deduct the monies from what I owe him?
Expert:  Joshua replied 17 days ago.

in the first instance, I do not see why that would not be appropriate. It would then be open to the contractor to issue proceedings against you if they consider that you owe them anything else which would allow your course the opportunity to enter a defence on the above grounds if they were to do so

Expert:  Joshua replied 16 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 15 days ago.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Customer: replied 15 days ago.
That's fine. Thank you
Expert:  Joshua replied 15 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Expert:  Joshua replied 14 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.