Browse Forums Building A New House 1 Dec 13, 2022 12:00 am Hi all, just after some opinions. I'm building a new duplex (KDR) in Sydney and when the builder inspected the vacant site after demolition they asked that the demolition company repair some damage they did to the council footpath before they would deem the site acceptable. This went ahead as requested. Now we have just finished the Fixing stage of the build and the builder has sent me a variation for the following, amounting to $14k. - Soil Removal Mixed Waste Per Load x3 - Concreter - Concrete Pump Required due to Kerb and Gutter - Remove and Depose of 9.8m2 of existing Council crossover on the left side of the property. - Remove and Depose 5m of Existing Council footpath. - New Council footpath 7.5m (does not include any section of the crossover) - Remove, Dispose & Replace Kerb & Gutter. 13.5m I understand that some of those items are because of the need to build two council crossovers. I asked to clarify exactly what works are being done and they said because their trucks damaged half the footpath they will need to replace it to satisfy council. This is fair enough but I'm not sure who is responsible for the cost of repairs. If the builder damaged it with their trucks after it was repaired by the demolition company then could they be liable for the bill? I've searched my contract and can't seem to find anything relating to this other than a general clause on the builder being required to insure against any damage to property. Just wondering what other people's experiences have been in regard to fixing up council footpaths. Thanks! Re: Council footpath damaged during build - who is responsib 2Dec 13, 2022 4:46 am an3035 Hi all, just after some opinions. I'm building a new duplex (KDR) in Sydney and when the builder inspected the vacant site after demolition they asked that the demolition company repair some damage they did to the council footpath before they would deem the site acceptable. This went ahead as requested. Now we have just finished the Fixing stage of the build and the builder has sent me a variation for the following, amounting to $14k. - Soil Removal Mixed Waste Per Load x3 - Concreter - Concrete Pump Required due to Kerb and Gutter - Remove and Depose of 9.8m2 of existing Council crossover on the left side of the property. - Remove and Depose 5m of Existing Council footpath. - New Council footpath 7.5m (does not include any section of the crossover) - Remove, Dispose & Replace Kerb & Gutter. 13.5m I understand that some of those items are because of the need to build two council crossovers. I asked to clarify exactly what works are being done and they said because their trucks damaged half the footpath they will need to replace it to satisfy council. This is fair enough but I'm not sure who is responsible for the cost of repairs. If the builder damaged it with their trucks after it was repaired by the demolition company then could they be liable for the bill? I've searched my contract and can't seem to find anything relating to this other than a general clause on the builder being required to insure against any damage to property. Just wondering what other people's experiences have been in regard to fixing up council footpaths. Thanks! Morning An Unless you were out there in the middle of the night with sledgehammers destroying the footpath, I struggle to see how on earth this is your responsibility. You have engaged a professional builder who has possession of your site, and should have contractor's all risk insurance to cover any damage, yet they are putting the responsibility of the damage on you. I would phone them this morning and use two simple words, first one starts with an F and the second one an O. Seriously? Council assets do get damaged. Happens all the time unfortunately with deliveries. Not much can be done but it's the builder's job to fix the damage. And the $14k they are charging based on the list you posted is also heavily loaded with their margin. So essentially they have damaged it and are profiting off their own damage. Sounds very fair to me. Anyway, all the best Simeon Architectural Homes & Duplexes - specialising in custom designing homes to your budget Get a Free Onsite Consultation Today or send a PM for information, questions or advice. Re: Council footpath damaged during build - who is responsib 3Dec 13, 2022 3:58 pm Ashington Homes an3035 Hi all, just after some opinions. I'm building a new duplex (KDR) in Sydney and when the builder inspected the vacant site after demolition they asked that the demolition company repair some damage they did to the council footpath before they would deem the site acceptable. This went ahead as requested. Now we have just finished the Fixing stage of the build and the builder has sent me a variation for the following, amounting to $14k. - Soil Removal Mixed Waste Per Load x3 - Concreter - Concrete Pump Required due to Kerb and Gutter - Remove and Depose of 9.8m2 of existing Council crossover on the left side of the property. - Remove and Depose 5m of Existing Council footpath. - New Council footpath 7.5m (does not include any section of the crossover) - Remove, Dispose & Replace Kerb & Gutter. 13.5m I understand that some of those items are because of the need to build two council crossovers. I asked to clarify exactly what works are being done and they said because their trucks damaged half the footpath they will need to replace it to satisfy council. This is fair enough but I'm not sure who is responsible for the cost of repairs. If the builder damaged it with their trucks after it was repaired by the demolition company then could they be liable for the bill? I've searched my contract and can't seem to find anything relating to this other than a general clause on the builder being required to insure against any damage to property. Just wondering what other people's experiences have been in regard to fixing up council footpaths. Thanks! Morning An Unless you were out there in the middle of the night with sledgehammers destroying the footpath, I struggle to see how on earth this is your responsibility. You have engaged a professional builder who has possession of your site, and should have contractor's all risk insurance to cover any damage, yet they are putting the responsibility of the damage on you. I would phone them this morning and use two simple words, first one starts with an F and the second one an O. Seriously? Council assets do get damaged. Happens all the time unfortunately with deliveries. Not much can be done but it's the builder's job to fix the damage. And the $14k they are charging based on the list you posted is also heavily loaded with their margin. So essentially they have damaged it and are profiting off their own damage. Sounds very fair to me. Anyway, all the best Simeon Hi Simeon thanks for your reply, My builder has said that they did not charge me to remove the damaged concrete, but it is my responsibility to build a new footpath at the end of a build. They have also given me the option of sourcing this job externally myself. They pointed out a clause in my tender (not contract just the tender) which says "The builder will take all care not to damage council assets but no responsibility will be taken to repair or restore to original condition". Do you think this I am pretty much stuck with it or could I possibly take this further since it is not in the actual contract? Re: Council footpath damaged during build - who is responsib 4Dec 13, 2022 5:08 pm an3035 Ashington Homes an3035 Hi all, just after some opinions. I'm building a new duplex (KDR) in Sydney and when the builder inspected the vacant site after demolition they asked that the demolition company repair some damage they did to the council footpath before they would deem the site acceptable. This went ahead as requested. Now we have just finished the Fixing stage of the build and the builder has sent me a variation for the following, amounting to $14k. - Soil Removal Mixed Waste Per Load x3 - Concreter - Concrete Pump Required due to Kerb and Gutter - Remove and Depose of 9.8m2 of existing Council crossover on the left side of the property. - Remove and Depose 5m of Existing Council footpath. - New Council footpath 7.5m (does not include any section of the crossover) - Remove, Dispose & Replace Kerb & Gutter. 13.5m I understand that some of those items are because of the need to build two council crossovers. I asked to clarify exactly what works are being done and they said because their trucks damaged half the footpath they will need to replace it to satisfy council. This is fair enough but I'm not sure who is responsible for the cost of repairs. If the builder damaged it with their trucks after it was repaired by the demolition company then could they be liable for the bill? I've searched my contract and can't seem to find anything relating to this other than a general clause on the builder being required to insure against any damage to property. Just wondering what other people's experiences have been in regard to fixing up council footpaths. Thanks! Morning An Unless you were out there in the middle of the night with sledgehammers destroying the footpath, I struggle to see how on earth this is your responsibility. You have engaged a professional builder who has possession of your site, and should have contractor's all risk insurance to cover any damage, yet they are putting the responsibility of the damage on you. I would phone them this morning and use two simple words, first one starts with an F and the second one an O. Seriously? Council assets do get damaged. Happens all the time unfortunately with deliveries. Not much can be done but it's the builder's job to fix the damage. And the $14k they are charging based on the list you posted is also heavily loaded with their margin. So essentially they have damaged it and are profiting off their own damage. Sounds very fair to me. Anyway, all the best Simeon Hi Simeon thanks for your reply, My builder has said that they did not charge me to remove the damaged concrete, but it is my responsibility to build a new footpath at the end of a build. They have also given me the option of sourcing this job externally myself. They pointed out a clause in my tender (not contract just the tender) which says "The builder will take all care not to damage council assets but no responsibility will be taken to repair or restore to original condition". Do you think this I am pretty much stuck with it or could I possibly take this further since it is not in the actual contract? An Not sure where you are up to in the build but if you are mid way and they install a new footpath now it could be damaged again. What I did with mine was to install a bitumen crossing and path which cost around $1400 ( I think give or take) and then I will do a proper footpath at the end. I think you are better off sourcing it yourself however my position still remains that the builder should repair the damage at their expense. I was speaking to my business partner about this issue this morning and we were both triggered! This is an example of what is wrong with this industry. FYI as your builder has possession of the site, there is a good chance they will be the ones who get fined if your council is that way inclined. I know Ryde and Strathfield put it back on the builder and my gut is telling me that your builder wants you to pay so that they aren't fined. As I said earlier, your builder has contractors all risk insurance for this. An example would be if a builder is renovating an apartment and they burst a water pipe and water travels to the unit below, is the damaged caused your responsibility? Of course not, it is their responsibility and they should have insurance to cover this damage. In summary, there is no way on earth I would be handing over a cent to them. It is just not ethical. I couldn't imagine having the gall to ask one of our clients to cover the damage caused by one of our contractors or us. End of rant Anyhow, all the best PS happy for you to call me if you like. My number is 0431 712 792. 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