Damage caused during house extension

[Crispynotes]

they've left their post in place

[Crispynotes]

[Crispynotes]

[pincher]

So you didn't take anyone's advice, or put anything in writing and simply decided to trust the other property owner and took them at their word and are now worried that your house is knackered and their builder is telling you it's basically your fault because your foundation isn't up to par?
Good luck with that

Edit - I do sympathise and hope you manage to sort it out but you really haven't done yourself any favours by being so trusting. The other owner has done a bit of a number on you.

Edited by pincher on Saturday 15th April 11:16

[Crispynotes]

It was verbally agreed with the neighbour and builder that we would share the cost of the foundations and I would apply for planning permission.

Whilst I was away from home my neighbour had started to dig her foundations and then changed her mind about sharing the foundations, by that time it was too late for me to do anything plus they said they would continue with their build regardless and would not be submitting the third party wall notice as they told me verbally they would repair any damage they caused.

My neighbour has told me they have third party liability insurance and to deal with the builder, the labourers don't speak English and don't seem to understand the third party wall act, the building manager is away from the UK and cannot be contacted.

[Mandat]

Oh dear, it seems that your neighbour has stiffed you on this one.

At this point in time, I would suggest that you don't bother speaking with the builder directly, as they don't have any obligation to do anything that you ask them to. Their contract is with the building owner, and that is who they take instructiosn from.

From a legal point of view, your dispute is with the building owner anyway, as they are responsible for any damage that their extension works may have caused to your property. If it were to go legal, you would be suing the building owner and not the builder. If the building owner then wants to counter sue their builder for the damage, then that is a matter for them.

I would recommend that you keep all communications with the building owner only, and do it all in writting. Make it clear that you hold them responsible for any damage that their extension works have caused to your property.

When putting anytthing in writting, keep it factual and to the point, and try to avoid getting over emotional, as that can distract from the actual points that you want to make. Also, when a dispute has already occured, such as in this case, remember to "write for the file". What this means is that all of your letters will potentially be seen be a Judge, therefore make sure that all your letters are written with that in mind.

Very importantly, make sure that you keep copies of all correspondence in a single file, and also take plenty of photos,

Another tip, if your neighbour promises to do something verbally, write them a letter to confirm what was discussed and what was agreed. Again, another letter for the file, for the Judge to potentially see.

Don't worry if they try to say that your existing foundations were too shallow, etc, which is why the damage occured. It is their reponsibility to ensure that your property is adequately protected and safeguarded to facilitate their works. If that meant that they needed to underpin your foundations to strengthen them first, then that is what they should have done. This is basic due dilligence, and specifically what the Party Wall etc. Act 1996 is designed to look at..

By the building owner failing to follow the requiremetns of the Act, they have put you in a stronger position, as there is case law, that if the Act is not followed, there is a greater liability on them for any damage caused, and a lower burden of proof for you,

At the end of the day, if the building owner is not going to play ball, and sort out the damage properly, then you will have little alternative but to go legal in order to enforce your claim.

Good luck.

Edited by Mandat on Saturday 15th April 12:06

[Crispynotes]

Thanks mandat, the neighbour done me over but your right as they did not follow the TPA then I have a slight upper hand.

I've taken photos and kept hold of texts sent to her and her builder to advise them of the damage.

I will wait and see what her response is now.

[anonymous-user]

Crispynotes said:

I've spoke to a third party wall surveyor and he suggests taking out an injuction to stop any further works and then maybe the neighbour may serve the third party wall notices and if she does then to instruct him to act on my behalf.

I'm just after advice on what my best options are.

Is this a trick question?

[ClaphamGT3]

I was appointed by a client not too long ago to unravel the issues arising from them extending their property without a party wall agreement. The final bill to them was just over eighteen million quid

[Vaud]

Crispynotes said:

Thanks mandat, the neighbour done me over but your right as they did not follow the TPA then I have a slight upper hand.

I've taken photos and kept hold of texts sent to her and her builder to advise them of the damage.

I will wait and see what her response is now.

I think you need to follow the advice above.

Reading between the lines, and a forum is a poor way to judge things... is it the potential confrontation that you don't like?

Either way, you need to start documenting your comms by letter and probably follow the advice on an injunction.

[pincher]

ClaphamGT3 said:

I was appointed by a client not too long ago to unravel the issues arising from them extending their property without a party wall agreement. The final bill to them was just over eighteen million quid

Time to replace that old Range Rover then?

[Red Devil]

Crispynotes said:

It was verbally agreed with the neighbour and builder that we would share the cost of the foundations and I would apply for planning permission.

If I understand you correctly, have you placed what is likely to be your most valuable asset at risk on the strength of a verbal agreement? Strewth!

Crispynotes said:

Whilst I was away from home my neighbour had started to dig her foundations and then changed her mind about sharing the foundations, by that time it was too late for me to do anything plus they said they would continue with their build regardless and would not be submitting the third party wall notice as they told me verbally they would repair any damage they caused.

My neighbour has told me they have third party liability insurance and to deal with the builder, the labourers don't speak English and don't seem to understand the third party wall act, the building manager is away from the UK and cannot be contacted.

Is all of this still verbals, or is any of it in writing? Your neighbour sound like a chancer and is giving you the runaround. She has already stiffed you once by allowing the work to proceed while you were (conveniently?) absent. Now she is trying to get you to deal with people you have no contract with. Seriously, how can you believe anything she says? Do you know for a fact that she has adequate insurance? Have you seen proof of a current policy? Nothing communicated to you verbally should be taken at face value. Everything in writing from now on.

Mandat is spot on. However winning in court, should it come to that, is one thing. Actually getting paid is something else.

[elanfan]

You're only hope of getting her builder to fix your problems after they've finished her job is Bob Hope and he's dead!

You need to force them to stop work have the situation properly assessed by a structural engineer and a plan put in place to solve the issues. I'd put this in writing today to the neighbour stating you will also be contacting Building Control for them to put a halt to the works because of the damage to your property they are creating (presumably there were no issues before they started). I'd also state that should they choose to continue the job in defiance of your request for them to cease work this will not go in their favour when it gets to court. State you hold them fully liable for the damage they created so far..

Contact BC first thing Tuesday morning along with a structural engineer.

[Chrisgr31]

ClaphamGT3 said:

I was appointed by a client not too long ago to unravel the issues arising from them extending their property without a party wall agreement. The final bill to them was just over eighteen million quid

Something tells me that something larger than a standard domestic dwelling was involved, although I guess you could get to those values in central and some other parts of London.

[twoblacklines]

ClaphamGT3 said:

I was appointed by a client not too long ago to unravel the issues arising from them extending their property without a party wall agreement. The final bill to them was just over eighteen million quid

Who was your client.... Jon Hunt?

[Andehh]

OP asks for advice, is given good & simple advice, ignores advice & then several months later is bitten as he didn't follow said advice! Time and time again...

OP, in your shoes I would start taking proper advice. Several posters have already stipulated a good cause of action and I would strongly advise you follow suit. Start making all correspondences formal - letters dated & signed, copies kept for yourself, start taking some good quality photos clearly showing the damage -the ones above are obscure, confusing & too narrow an angle to understand what is being shown.

And for the love of God get in some professionals/Seek legal advice - Pistonheads is *not* a replacement for professionals. Don't go getting all stingy & lacklustre when it is your own bloody home that is falling apart.



edit:

Crispynotes said:

I've spoke to a third party wall surveyor and he suggests taking out an injuction to stop any further works and then maybe the neighbour may serve the third party wall notices and if she does then to instruct him to act on my behalf.

I'm just after advice on what my best options are.

Really...maybe consider following said professionals advice!? Ask them to stop, ask them to fix all your issues, get a proper party wall agreement tin place and only then let them continue with their work... If they argue against that, get a surveyors report, seek legal advice (someone will probably be able to recommend legal council for this situation/maybe surveyor can) and get an injunction in place. Look to recover said costs from them.


edit2:

Have you got legal cover on your Home Insurance!? With the neighbours doing such extensive renovations in the near future, that is absolutely one box I would have ticked to cover me....

Edited by Andehh on Wednesday 19th April 13:52

[C Lee Farquar]

Yes, you need professional help.

All this will need to be declared if you try to sell your house, so a documented, agreeable solution is essential.