Hi guys, I'm wondering if you can give me some advice on liability.
The house next door was unfortunately built right on the boundary of our two properties, (they owned both blocks on separate titles) and their ground level is about 1-2m above what will be my building ground level. As a result, during site prep which will occur in stages as assured by the senior estimator, I have to build some extensive steel post and log horizontal retaining walls.
http://s132.photobucket.com/albums/q9/louiserhodes/Building%20Process%20Pennant%20Hills/?action=view¤t=XMAS06LoublockPug2006-12-25012.jpg
I'm on the left, you can see the bricks of the neighbours house on the right. This is from the backyard looking forward.
I am concerned that if someone stuffs up, and the house next door becomes destabilized (cracks, movement, or *touch wood* it falls down into my block) someone will be liable.
The builder will need to be careful during site scrape because if the forklift driver isn't aware of the danger, he may just do the site scrape in one go with no reinforcement for the house next door.
The retaining wall guys have to install the wall in stages timed with the site prep scrapes so they only make cuts 1.8m at a time, putting up the wall as they go. (This was designed by a structural engineer)
And then there's me the owner, having a heart attack because this is the next hurdle I HAVE to get right in a long long line of them so far.
Whose fault will it be if next door's house gets damaged? The engineer for signing off on the retaining wall construction method? The builder for not ensuring the build was safe? Should I get some kind of insurance and what kind? Who wants to bet I'll be grey-haired at 27 by the time the slab is down?!?!
PS relations with the owner next door are bad. He bought next door as is 3 months after I bought next door, and tried to cajole me into giving him my right of way access to the shared driveway, including offering me money. They have now gone away for 18months and rented the place out. Before he went away, he took polaroids of our shared driveway and told me it was in case I did any damage to it. Charming. Not to mention an objection to council about my roof colour! Grr! So I considered asking him to contribute to the retaining wall for about 30 seconds. And I know he wont hesitate to sue should his place be damaged.
PPS I have a bit of time to get organised on this issue. My Construction Certificate isn't done yet, and the PCA doesn't get back from holidays til Jan 14