[the whistler]

Just had my drive relaid in block paving. Jobs completed, but the builder has left a pile of rubble - not on my property, but on the public pavement.

Despite several phone calls and promises to move it, its now been there nearly a week and I have held back a small part of the final payment until he shifts it.

I know its illegal to obstruct the public pavement, but I'm wondering if I have any responsibilty for it, as I contracted the builder to do the work. If the local authority come along and impose a fine, can it be on me, or can I simply say its nothing to do with me and direct them to the builder.

Of course if a member of the public falls over it, the injury claims could be far more tha the LA fine.

What should I do now?

[Pat_C]

Did you hold back enough money to cover the cost of a skip large enough to take all the rubble? If so then I would tell the builder that is what you are going to do, and then do it. Any left over money would be what you earn by shovelling it into the skip. In my experience builders are very bad at returning to finish off the last few minor items of what they were doing.

I'm not sure of the legal position if somebody were to be injured by the rubble, and I wouldn't want to find out the hard way. I suspect the builder would be liable though - but then you could be into employee vs self-employed subcontractor type issues. I'd ask the local authority about this and get their advice. I do know that anyone working on public roads or footpaths is required to have extensive public liability insurance, but that doesn't really apply to your case.

[sbowler]

I would say it was down to your builder, however since the rubble is on the pavement and from your property I think you will be held responsible for it. I would immediatly put out some kind of warning signs around it. Something like road cones or the yellow warning signs for wet floors. You could of course for the short term put up your own home made warning signs ie large white card board signs saying WARNING in large letters. You should be covered from a legal point of view in relation to being fined. Its better than nothing anyway. I think you were correct to hold part payment back.

[mjn]

Originally Posted by Pat_C

Did you hold back enough money to cover the cost of a skip large enough to take all the rubble? If so then I would tell the builder that is what you are going to do, and then do it. Any left over money would be what you earn by shovelling it into the skip.

This is what i would be doing.

[Phil57]

Place an advert in the local paper, 'hardcore, free to collector,' then decide whether to keep the withheld monies.............I know what I would do!!

[paul1967]

You will be the 1 sued as you are the easier target , get a skip and move it quick or the council will fine you as well.When whatching progs about fly tipping it the person who has had the stuff removed is who council go after. Like when a farmer finds it on his land it's them who get finded

[Ayub]

Try sticking it on your local freecycle.org You would be amazed how many people would take it off your hands.

[Mac Man]

Originally Posted by Phil57

Place an advert in the local paper, 'hardcore, free to collector,' then decide whether to keep the withheld monies.............I know what I would do!!

F'nar f'nar

Might end up with blokes in Macs turning up on your doorstep asking to put the stuff in a plain paper bag

[the whistler]

I made a couple of 'heavy' phone calls to the builder and yesterday three men and a truck turned up and shifted the rubble! A result!!

He hasn't asked for the outstanding money ....... yet.