Browse Forums Building A New House 1 Feb 09, 2012 9:13 am Hi all Hoping someone has been in a similar situation because I don't know whether I have a leg to stand on. So, the council did an foot path and crossover inspection on the 22nd September, and said we need to clean the footpath and then organize a re-inspection. So our builder cleaned the path for us, and then we had handover on the 23rd September. There wasn't really any damage at the time of this inspection. OK fast forward to Jan, and I remember that I never organized the re-inspection. Darn. So I get the council to come back out, and now they are saying there are 8 big cracks that need fixing, and it may cost more than the $1000 bond. My house is in an estate, and I am a corner block. We have anywhere between 1 - 3 trucks a week parked up on our footpaths. I am almost certain that this is what caused the damage and not our builder. But how on earth do I prove that? But also, how is it fair that I lose my money because of what other builders in the area have done? I just don't know what to do, but we need that money so badly I don't want to give up. I have called my builder and left a message, so I am waiting for him to call me back. Ultimately, am I responsible for this damage is what I need to know. Thanks! Re: Fighting the council - I want my asset protection bond b 2Feb 09, 2012 10:06 am housemouse Hi all Hoping someone has been in a similar situation because I don't know whether I have a leg to stand on. So, the council did an foot path and crossover inspection on the 22nd September, and said we need to clean the footpath and then organize a re-inspection. So our builder cleaned the path for us, and then we had handover on the 23rd September. There wasn't really any damage at the time of this inspection. OK fast forward to Jan, and I remember that I never organized the re-inspection. Darn. So I get the council to come back out, and now they are saying there are 8 big cracks that need fixing, and it may cost more than the $1000 bond. My house is in an estate, and I am a corner block. We have anywhere between 1 - 3 trucks a week parked up on our footpaths. I am almost certain that this is what caused the damage and not our builder. But how on earth do I prove that? But also, how is it fair that I lose my money because of what other builders in the area have done? I just don't know what to do, but we need that money so badly I don't want to give up. I have called my builder and left a message, so I am waiting for him to call me back. Ultimately, am I responsible for this damage is what I need to know. Thanks! Hi Housemouse, Unfortunately I suspect your up for the damage. Unless you can provide evidence (photos etc) that the footpath was in a perfect state at the time the 2nd inspection was to take place you do not have a leg to stand on. Even then I suspect they will not accept your evidence. Re: Fighting the council - I want my asset protection bond b 5Feb 09, 2012 10:51 am rojak1 if you have photo of big trucks "always" parked on your footpath you can argue with council. This is what I would do - if you can still get some photos (or maybe other neighbours have taken some photos of their build that show trucks in these areas) then send them back also explaining that in the first inspection you were only asked to clean and that no cracks were recorded at that time. http://camdenbuild.blogspot.com.au/ by invite only please pm me Re: Fighting the council - I want my asset protection bond b 6Feb 09, 2012 1:09 pm robbie55 rojak1 if you have photo of big trucks "always" parked on your footpath you can argue with council. This is what I would do - if you can still get some photos (or maybe other neighbours have taken some photos of their build that show trucks in these areas) then send them back also explaining that in the first inspection you were only asked to clean and that no cracks were recorded at that time. I'd hate to rain on the OP's parade here, but it almost certainly wont work - there's nothing to say the damage wasn't caused by the OP in the meantime (that's the story they'll stick to anyway). To make a long story short the council wont pay for the damage, so without being able to definitively pin it on a specific trucking company or builder (which the OP more than likely cannot without dated photographic evidence showing a truck parked on the damaged footpath at the point in time where the damage occurred) then the council will pin it on the next easiest target (the house owner). This one of those unfortunate cases where the OP has shot themselves in the foot by not doing what was needed to avoid the current situation (ie. get that second inspection) - trying to say that it was someone else's truck based on the fact that trucks are parked on the footpaths on a regular basis probably isn't going to cut it in the council's eyes because they need "proof" clearly showing who is at fault. Councils are tricky like that - they'll drag up all sorts of nonsensical regulations and "evidence" to get someone else to pay for something, but you basically have to irrefutable (photographic) evidence which catches the transgressor red-handed for them to accept that it is not your fault and that you shouldn't be paying for it (even in situations where it is clearly something the council has done and is therefore their problem). I wish the OP luck though - there's no harm in trying to get the council to see common sense and hoping for a good result - just don't expect one out of the grubby little money-grabbing bureaucrats hiding in your local council offices. Some people apparently have nothing better to do than comment on other people's sigs. Re: Fighting the council - I want my asset protection bond b 7Feb 09, 2012 9:27 pm Thanks for everyone's honest opinions! Unfortunately I have no pictures for evidence. And yes I agree, I definitely did not do myelf any favours by not organizing the 2nd inspection in a timely manner I spoke to the council inspector this afternoon, and he said that back in September he noted that there was signifcant damage to the footpaths. That was news to me! I thought they were damaged later on. So therefore it was his opinion that the builder should be responsible for fixing the cracks. So I will try and see if the builder will help me, but I'm not holding my breath! Yes, neither is termite damage that is not covered by your house insurance. 3 6593 I would be wary. Is you site demilished but nothing else done? Sounds like liquidity problems to me. Our builder did the same. Got hundreds of thousands of dollars of… 2 15414 |