Browse Forums Building A New House 1 Feb 19, 2013 9:21 am Hi Guys, Just had our driveway done and when the council came out to inspect the concreter's work prior to the pour told him to let me know that I would have to repair the footpath at the other end of my block. Where they want the repair is from when the builder ran the stormwater pipes they have cut a section of the path, moved it, dug in the stormwater and the drop it back in place so it is all chipped etc My issue is that in the contract there is a section on damage to the footpath, I remember that in my signing meeting I ask something like "This is damage from trucks crossing while delivering, etc". I was not told nope we are going to deliberatly cut it out and do a pour job putting it back in. Personnally I would have thought they could have bored a hole under at the desired height and done no damage, so in my mind they should be the ones replacing the section of concrete. Anyone know if I can push them to fix it? Below is the wording in the contact Footpath Crossing It is mutually understood and acknowledged that damage is likely to be occasioned to Council footpaths, kerb and gutter. It is the responsibility of the owner at owner's expense: (a) to provide an adequate cover across the footpath whether or not made a condition of Council approval; and (b) to arrange inspection of the footpath by Council prior to commencement of construction with view to identifying existing damage. If footpath, kerb or gutter damage is sustained, the builder may restore damaged sections of the footpath, kerb or gutter at invoice cost plus builder's margin applied to the cost and the total amount tis to be paid by the owner on demand. Re: Builder deliberate damage to footpath 3Feb 19, 2013 9:29 am It would appear so, just asking if they have done the damage by just choosing what they deem the easiest way to do something rather than the best way to limit damage. I've already told the council to talk to them about it, so has a guy up the road who built with the same people Re: Builder deliberate damage to footpath 4Feb 19, 2013 9:49 am Bugga! What a pain in the butt! Their clause looks pretty tight but I would argue that they gave you no opportunity to protect the footpath and it was infact a deliberate act that they knew would damage the path. They shouldn't be able to hide behind this clause to get a job done more easily... But I guess alot of that will depend on what your builder is like. Good luck! Re: Builder deliberate damage to footpath 5Feb 19, 2013 5:27 pm That's not good. Was the builders fence around the block also include the footpath? If it was, their contact probably says you are not allowed on site and therefore could not have done anything to protect the footpath. If you are meant to protect the footpath, did they contact you to let you know you needed to do this before they did any work? It's a bit unfair that you have to cover damage they do without any chance by you to protect the footpath. I'm not much help, sorry! But your issue does raise a number of questions.Hopefully someone on here has had a similar problem and can offer practical advise BTW, have you moved in yet? Hope you are enjoying living in your new home We built the Wisdom Majestic 40 - moved in! Our blog - http://ourwisdommajestic40.blogspot.com.au/ Our H1 thread - viewtopic.php?t=54156 Re: Builder deliberate damage to footpath 6Feb 19, 2013 6:12 pm The clause (the way you have quoted it) refers specifically to the footpath crossing which is the access to the site for the contractor. The damage you mention, seems to be, to another section of the footpath so it would seem to me to be excluded from the clause The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Builder deliberate damage to footpath 7Feb 19, 2013 7:13 pm That is sort of what I was thinking Bashworth, it is basically 14 mtrs from where their gate was. Might drop the builder a line and send the council there way. 2 Re: Builder deliberate damage to footpath 9Feb 19, 2013 8:35 pm bashworth The clause (the way you have quoted it) refers specifically to the footpath crossing which is the access to the site for the contractor. The damage you mention, seems to be, to another section of the footpath so it would seem to me to be excluded from the clause +1. Footpath "damage" was a deliberate act as part of installing underground services (and yes, could have been avoided). I would expect the contractor responsible for cutting it up would've been arranged by the builder, and to have a similar (but smaller) contract relating to damage caused by their work. Take it up with the builder ASAP. Council probably has a right to charge for reinstatement of the damaged footpath, but it shouldn't be coming out of your pocket! Re: Builder deliberate damage to footpath 10Jul 28, 2019 10:18 am Hi I built a new house and had asset protection insurance,, council is asking to repair damaged footpath and curb during work My question is 1- Is the builder responsible for repair? or I 2-What's the point of getting insurance? if they ask us to do. Hi all I am looking to run a water line under my concrete footpath which is directly next to my home, was seeing if this is possible without cutting the entire section… 0 20188 I thought this would be a popular question but I haven't been able to find any similar posts. Perhaps I'm wording my searches wrong? When you have car insurance and the… 0 6623 there was an event. The question is whether the builder had the insurance and whether the event was covered. The workmanship is a separate conversation. 10 23763 |