Browse Forums Building A New House 1 Mar 23, 2021 11:07 am Hi, Im in a situation where the builders contractor has damaged the fence between our property and the neighbor. They are now denying responsibility as per the HIA contract. Do i have to suck it up and pay for damages that was neither in my control or have involvement or is there something i can do about this? Re: Builder Damaged fence 2Mar 23, 2021 12:24 pm Which clause in the HIA stipulates the builder is not liable for it contractors? Dark matter scientist, can breathe underwater, mind reader and can freeze matter just by willing it. Trust me, its in my sig. Re: Builder Damaged fence 3Mar 23, 2021 2:52 pm Bao Nguyen Hi, Im in a situation where the builders contractor has damaged the fence between our property and the neighbor. They are now denying responsibility as per the HIA contract. Do i have to suck it up and pay for damages that was neither in my control or have involvement or is there something i can do about this? They are probably relying on Clause 33 but there are a couple of construction lawyers on this forum who may be able to clear this up Simeon McGovern Affordable Custom Homes, We design and build to your budget Ashington Homes www.ashingtonhomes.com.au Re: Builder Damaged fence 4Mar 23, 2021 4:48 pm The builder is liable to repair the damage caused to your neighbours fence. They are responsible for the building site and contractors damage to property. They effectively 'own' the site during the build. Your neighbour is a 3rd party who did not sign the HIA contract. Ask your neighbour to request the builder fixes it ASAP. Re: Builder Damaged fence 5Mar 23, 2021 6:03 pm the contractor who did my neighbours driveway backed into the fence my neighbour tried to blame me even though the fence had visibly been pushed towards my house 10 years later fence still on a lean Re: Builder Damaged fence 6May 12, 2021 4:32 pm Bao Nguyen Hi, Im in a situation where the builders contractor has damaged the fence between our property and the neighbor. They are now denying responsibility as per the HIA contract. Do i have to suck it up and pay for damages that was neither in my control or have involvement or is there something i can do about this? Hi Bao, Not sure if this matter has been settled, but I suggest you refer to your contract. The HIA Standard Residential Building Contracts for New Dwellings contracts contain an Indemnity clause, where your builder may be liable for loss and damage to property. Unfortunately, the legal system can be time consuming and costly to enforce your rights. So if the damage is not too much, then it may be best to negotiate with the Builder. In this case where you've already spoken to the builder and he refuses to pay, you can try other avenues to try and settle the dispute, such as Contracts Specialist Dispute Resolution. Alternatively, you can make a complaint with the Office of Fair Trading NSW - just apply online, tell them your matter, and they will help resolve the issue. Cheers John Dela Cruz Get sound legal advice. We manage Building Disputes, Construction Contracts, Security of Payment. PM for queries. https://www.contractsspecialist.com.au/articles/ 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 2197 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 20194 |