Browse Forums Building A New House 1 Jul 24, 2010 10:59 am We have built a home in South Australia through a reputable builder. The building works are almost complete. We have built on the boundary and our neighbours have an adjoining carport built on the boundary. There is currently a slight encroachment on our land resulting in us losing approx 10m2 (almost 2% in total). My neighbour approached me a couple of weeks ago regarding concrete splatter on their carport roller door and supporting post (right on the boundary) and some driveway pavers which have fallen away due to the soil on our side being removed in spots. The soil has only dropped by about 5cm over about 2m stretch and will obviously be built up once we gain possession and pave down the side of our house. Their driveway is about 10m long. The neighbour has approached the builder and sought recompense from them for the damage. The builder has agreed to repair the roller door damage but has told us we are responsible for repairing the pavers and post. I told the neighbour we could fix the pavers ourselves as it is just the edging pavers which have fallen away but they are insisting we pay for someone to do it. They have said we can paint the post ourselves with their left over paint (which we actually own half of but that is another story). Surely the builder is responsible for repairing all the damage they have caused. My name is annon becuase I wish to remain annonymous but I am a regular poster on this forum and really would really value some opinions. Annon Re: Builder has damaged neighbours property but wont pay 2Jul 24, 2010 11:10 am It's not your problem, excepting if it's not resolved amicably you may have neighbour issues. Tell the builder to fix it. Tell the neighbour you're on their side but you want the builder to accept their responsibility. Ed "ECOECO" At 'EcoEco', we design windows, we design the best windows, we do it for you, so that when you’re happy we are happy. Tel. 1800 326 326 Re: Builder has damaged neighbours property but wont pay 3Jul 24, 2010 11:11 am I would think that ultimately you are responsible for the pavers to be rectified. Any time soil is moved it is your responsibility. ie we increased our land by over 1000 tonnes and therefore we were responsible for the retaining wall to be built to retain this extra fill. We were also responsible for the drainage to be enclosed - so as not to affect our neighbour's adjoining property. Just my opinion but that is how I would see it? Some things are worth waiting for. Re: Builder has damaged neighbours property but wont pay 4Jul 24, 2010 11:20 am I would probably agree with Kyton, based on the info I have recently been reading about retaining walls. I have a brochure here from a retaining wall company about whos liable for costs. It says "If you alter the level of the land by either cut or building up of levels, it is your responsibility to retain and pay for that retention" - one would assume that this would apply for any damage done too. I have written all over my contracts that we are responsible for any retaining and again I would assume that would apply for any damage done too. Have you sought compensation for the encroachment onto your land? I'm not sure how that all came about but if I was the neighbour I would not be making an issue of it because of that.. Re: Builder has damaged neighbours property but wont pay 5Jul 24, 2010 11:25 am As the builder is building your house, he has taken ownership of your block. If there is damage caused to other properties due to the construction of your house, it is the builders responsibility, not yours. If you want a job done properly... Do it yourself! Re: Builder has damaged neighbours property but wont pay 6Jul 24, 2010 5:49 pm Lee75 I would probably agree with Kyton, based on the info I have recently been reading about retaining walls. I have a brochure here from a retaining wall company about whos liable for costs. It says "If you alter the level of the land by either cut or building up of levels, it is your responsibility to retain and pay for that retention" - one would assume that this would apply for any damage done too. I have written all over my contracts that we are responsible for any retaining and again I would assume that would apply for any damage done too. Have you sought compensation for the encroachment onto your land? I'm not sure how that all came about but if I was the neighbour I would not be making an issue of it because of that.. Spot on Lee75 - on both counts... But that being said about the responsibility of retaining, unless it's in your engineers report that you need to retain, then it's the builders responsibility for any damage to property surrounding the build site. That's my opinion, anyway... Our home: viewtopic.php?f=31&t=29960 Re: Builder has damaged neighbours property but wont pay 7Jul 26, 2010 11:43 am right on the money barwon374. Assuming you have a HIA contract you walk away and wipe your hands. if the builder has caused damage they must fix it. until you sign over at handover the builder is the responsible and liable party. unless it is specificly in your contract for retaining the builder must fix it. Rossdale Homes "Houghton" Sovereign specification Re: Builder has damaged neighbours property but wont pay 8Jul 26, 2010 7:39 pm Thanks for everyones input. Having re-read our contract I can see we have signed away our souls stating if we are building on the boundary any damage done to neighbouring property is our responsiblity. Of course, when we signed that contract we weren't building on the boundary. A few months after signing we had to resubmit plans to council which meant we really had to build on the boundary. So we have agreed to fix pavers and paint post. I hope others can learn from our mistakes, don't assume for one second if the builder says they will protect your neighbours property, they will do an adequate job. Also if relations between neighbours are not the best its a good idea to double check everything because they will take every cent they can from you! Yet another life and building lesson learned. Re: Builder has damaged neighbours property but wont pay 9Jul 26, 2010 7:45 pm annon Thanks for everyones input. Having re-read our contract I can see we have signed away our souls stating if we are building on the boundary any damage done to neighbouring property is our responsiblity. Of course, when we signed that contract we weren't building on the boundary. A few months after signing we had to resubmit plans to council which meant we really had to build on the boundary. So we have agreed to fix pavers and paint post. I hope others can learn from our mistakes, don't assume for one second if the builder says they will protect your neighbours property, they will do an adequate job. Also if relations between neighbours are not the best its a good idea to double check everything because they will take every cent they can from you! Yet another life and building lesson learned. They can't opt out of their duty of care through a clause in your agreement. Ed "ECOECO" At 'EcoEco', we design windows, we design the best windows, we do it for you, so that when you’re happy we are happy. Tel. 1800 326 326 Re: Builder has damaged neighbours property but wont pay 10Jul 26, 2010 10:29 pm Basically, you are both responsible: 1. Owner allowing builders to do the work 2 Builders for causing the damage. So your neighbour could take legal action against either or both of you. Your builder would then use the contract terms to insist that you pay if he was found liable. From an ethical point of view, it is the old you break it, you pay for it. Imagine if your neighbour damaged your property. I am sure you would want them to pay and fix it properly. Hi Mofflepop, I would recommend finding a building designer to prepare plans, they should design to your specified budget. The benefit is you can tender the project out… 9 20413 It's hard to comment as the photos area bit dark ( you might need a new 15 - just got one and wow ) Jokes aside, I can see one member that is cracked. I would find a… 2 2213 it depends on the natural ground level, if they excavated their boundary wall needed to be built as a retaining wall. If you filled, which sounds like the case then you… 1 7084 |