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wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I live in a small private gated residential development of

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I live in a small private gated residential development of 5 houses. The original developer was unable to complete the entire development and sold the last plot onto another developer. That last property is still being completed and is adjacent to mine.
My issue is that dirt, dust and general housebuilding works have damaged my tarmac drive. Dirt is impregnated into the drive and it cannot be remedied by jet-washing, although, I'm aware there are more commercial cleaners that will yield a better result and return the drive to an acceptable standard.
My issue is that I've approached the builder on two occasions now but he flatly refuses to engage in a conversation on the subject. Indeed, the first time he said he was 'rather busy' and asked me get off his property.
My question is simple, what can I do to get him to talk and take the matter seriously? I want him to pay to rectify the damage but need to find a way to force him to engage. What legal recourse do I have available to me?
Many thanks.
Gary Hawkins

wingrovebuyer :

Hello. The builder is liable for damage repairs or cleaning if you can show the damage and mess has been caused by his works, which seems likely. I suggest you put your complaint in writing, and say that he has caused this damage through his negligence in not mitigating agaist mess and dust etc. I suggest you get a quote for a commercial clean, andtell the developer the cost, saying you expect him to pay this within 14 days or you'll ,sue him in the small claims court. This should work. If you can afford it, get a solicitor to send this letter, as it will show you are serious. However, it will cost you a couple of hundred pounds for this which you won't be able to claim back.

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