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Where does liability rest in this scenario?


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If you instruct a builder to carry out work on your home and in doing the work a neighbouring property is cosmetically damaged, where does liability for their rectification work lie? With the home owner for instructing the work or with the builder for not taking necessary precautions or carrying out a proper assessment prior to commencing the work?

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It was a chimney breast I had removed. Some of the bricks were sideways rather than straight as the builder expected. Does that make sense? Anyway rather than taking precautions the builder went hammer and tooth at the chimney and caused damage. Apparently he didn't expect such brick formation as the chimney wasn't back to back and so didn't expect any problems

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If you instruct a builder to carry out work on your home and in doing the work a neighbouring property is cosmetically damaged, where does liability for their rectification work lie? With the home owner for instructing the work or with the builder for not taking necessary precautions or carrying out a proper assessment prior to commencing the work?

 

the builder is legally required to have public liability insurance for these reasons. If the damage happened due to their actions, its their fault. If you instructed the builder to cause the damage, then it would your your fault.

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It was a chimney breast I had removed. Some of the bricks were sideways rather than straight as the builder expected. Does that make sense? Anyway rather than taking precautions the builder went hammer and tooth at the chimney and caused damage. Apparently he didn't expect such brick formation as the chimney wasn't back to back and so didn't expect any problems

 

 

Builder's responsibility.

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Some of the bricks were sideways rather than straight as the builder expected. Does that make sense?

 

Not only does it make sense, but that was the way they were always built. The "sideways" bricks are exposed 'headers'. They are keyed into the wall of the house leaving half of them exposed, so that other brick work can be built up off them to form the flue section or 'smoke shelf ' within the chimney. If he didn't know this, I don't know where he's been.

 

The headers will cut off cleanly with a bolster chisel to the side. The bricks should not be whacked 'full face' with a hammer as it is possible to cause damage on the other side of the wall. Common sense really.

 

As there is usually another 'leaf' of brickwork, or even another chimney breast separating the two properties, damage is rare, nevertheless, he should have been more careful and its his baby.

 

 

.

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