Damaged neighbours boundary wall

[$lim$hady]

Hi Guys

I need some advice, I have a building contractor completing the works at my home. They arranged a skip to be delivered, the skip driver came and delivered and in the process reversed into the neighbour’s boundary brick wall and flatten it.

Skip company are looking into it.....

In the event this takes months and no resolution, by then the builders will have finished and gone.
I don’t want to leave the neighbour without a wall. I’m the sort of guy that will pay and get it repaired for the neighbour, however, in the event this drags and not resolved by the time the builders are finished, can I take it out of the builders cost or is this unfair?

 

[Ste7en]

Not unfair at all. Give them a chance to mend it. If they don't, deduct the cost from the bill.

 

[markie g]

Not unfair. Your contract is with the building company, their contract is with the skip company. So deducting the amount from their bill seems fair to me.

I'd get a couple of quotes on having it repaired.

Although i'd imagine the building company would rather fix this themselves.

 

[BobBob21]

How comfortable would you be if you ended up being the one paying for the wall? If the answer is no then don't pay for it.

You have a bit of a rats net of law to navigate, just because you pay it to your neighbor doesn't legally automatically mean you inherit their right to make a claim. If you look in your car insurance there will be multiple clauses in their about subrogation which entitles them to pursue the third party on your behalf (and settle as they deem fit)

Secondly, unless you have sight of the contract between the builders and the skip company you don't know for certain if liability moves between them or not. If they'd damaged your property it'd be different but the fact its someone elses makes it less clear... to take a more extreme circumstance, if they'd hit a car driving between your job and the next job do you think you'd still step in? After all they wouldn't necessarily taken that route if they hadn't been at yours first.

Finally, offset is automatic. Whilst it makes sense that if you owe X to someone and they owe Y to you that you pay them X-Y but unless its stipulated in the contract its not automatic that you can offset hence why again contracts will normally have an offset clause when its common that each party will owe each other.

 

[jassco]

I think it's completely unfair to take the cost from the builder's bill as it has nothing to do with them, nor you. This was an RTA, so your neighbour should speak to the skip company directly and go through their / the driver's vehicle insurance. Of course if they want to pay for the repairs without involving insurance that's their choice.

As @Astaroth says, it's no different to the driver crashing into a car on the way to your house. Just because you / builders contracted them to do the work, doesn't make you liable for their actions.

 

[IronGiant]

By all means soothe any ruffled feathers your neighbour may have and make appropriate noises, but ultimately it's the Skip Company's responsibility. Obviously you don't want to appear to be turning your back on the issue so you need to help keep lines of communication as open as possible, but don't end up as a conduit for money changing hands.

 

[happy_2008]

Think your neighbours should take this up with the insurance company of the skip surely? Not quite sure why the builder sit in the equation.

 

[MemX]

I think it's completely unfair to take the cost from the builder's bill as it has nothing to do with them, nor you. This was an RTA, so your neighbour should speak to the skip company directly and go through their / the driver's vehicle insurance. Of course if they want to pay for the repairs without involving insurance that's their choice.

As @Astaroth says, it's no different to the driver crashing into a car on the way to your house. Just because you / builders contracted them to do the work, doesn't make you liable for their actions.

This.

A friend had his car parked outside the house when his neighbours were having work done. They decided to unload the bricks onto the front of his car...

Whether it's claiming off the company's vehicle insurance (if they reversed into the wall) or their Company Third Party Liability insurance (if it's through actions the company have taken while working) they are insured for this sort of thing.

Pass all the details to the neighbour, let them crack on with dealing with the insurance directly. Don't get involved as it will create bad feeling if the company are morons or their insurance company plays hardball and you feel guilt-tripped into doing something about it. It's nothing to do with you!

 

[MrSossidge]

I strongly suspect skip company will deny they were involved, unless you have some photos and a statement from the driver.