Browse Forums General Discussion 1 Oct 24, 2008 6:09 pm Hi,
Our new bitumen driveway was ruined by the crane when it came to lift the trusses off the truck. The driveway is new as it was the developer's responsibility to fix it when we initially bought the land. Took several months for it to be fixed and now it has been ruined. Who is responsible for the damage? Is it the builder or us? Thanks for your help. Cheers, Michelle Re: Driveway ruined by crane during build - whose responsible? 3Oct 24, 2008 7:40 pm You need to check your contract - I know that in ours it says something like the builder can't be held responsible for any damage to the footpath/driveway etc. Built a Clarendon 'Balmain' 2008 Re: Driveway ruined by crane during build - whose responsible? 4Oct 25, 2008 11:14 pm Well, the crane driver really should have known better, but having said that, the bitumen should not have been laid or repaired until 100% of the work was complete. If it was the builder that organised that the bitumen was to be laid or repaired before all work was completed, he should cop the bill; and if he's lucky, he may get some kind of reimbursement from the crane company due to the lack of care. Re: Driveway ruined by crane during build - whose responsible? 5Oct 28, 2008 6:49 pm Thanks everyone.
I couldn't find anything in the contract about who is responsible for driveways etc. The problem we would have had with delaying getting the driveway fixed was that it was repaired by the developer of the subdivision and if the trucks had damaged it, which they did, they wouldn't have repaired it. It took me 8 months of fighting with them as it was to get it fixed before the crane driver wrecked it. I will try my luck with the crane company and see what they have to say. Thank you for your responses. Cheers, Michelle Re: Driveway ruined by crane during build - whose responsible? 6Oct 29, 2008 2:53 pm did you take any photo? rego number of the truck, contact of the driver, ...etc.
Hope you never need to use it, but just in case you need to prove yourself.. Good luck! Re: Driveway ruined by crane during build - whose responsible? 7Oct 30, 2008 3:30 pm Hi,
I spoke to the crane driver/owner today. It is only a small one person company that has just started up. I don't know what we'll do. He acknowledges making the damage. Cheers, Michelle Re: Driveway ruined by crane during build - whose responsible? 8Oct 30, 2008 4:01 pm mustangshelly Hi, I spoke to the crane driver/owner today. It is only a small one person company that has just started up. I don't know what we'll do. He acknowledges making the damage. Cheers, Michelle Is he going to fix it? Don't feel sorry for him.. he should have insurance for these type of things. Re: Driveway ruined by crane during build - whose responsible? 9Oct 31, 2008 3:18 pm Yeah, if he has no insurance, then that's terrible and a sign of *******.
I work in insurance and we get claims sometimes where a building company carrying out works has caused damage to the client's property. One claim was for a truck damaging a driveway (dents and cracks appeared only after the exceedingly heavy truck was on the driveway), and another one we've had was for damage to a golf course when a supplier laid new sand, but something was wrong with the sand and it wrecked the grass, or something like that. Anyway, get his insurance details, and if that's not working out too well, go to your property insurer and get them to do it. Usually we get the claims direct from the property owner (yourself in this case) and then the insurance company handles the liaison with the builder's insurance company. Or, we get the claim from the builder themselves, as they've lodged the claim with their insurers to pay out the third party (property owner in this case) How the hell did I become a senior member!? I know nothing! Can you give advice on how to get missing certificates needed for a form 21? Our bank requires us to provide one but we are missing 4 building certificates from our first… 3 71810 i would suggest nothing is unreasonable for PCI. we did all sorts, including checking the hot water, checking all the GPO's had power, testing that the showers were… 9 98679 |