problem with next door neighbour

[jcaps]

Hi,

 

My neighbour employed builders to do some work on his house. He had scaffolding erected on his property which was also used to store building materials. During a storm the scaffolding gave way and came crashing through my conservatory roof breaking 2 bits of glass. I was away on holiday at the time and when it rained it caused damage to my antique table and chairs. He is saying it's all the builders fault and he's not culpable. He's been given a fair estimate of the cost of repair which he is refusing to pay. What should my next step be to recover the cost of the damage? I want to go to small claims court but I'm unsure if he's right about it not being his fault

[fkofilee]

The builders should have liability insurance and through them you should beable to make a Claim.

The liability is with the Builders for storing the materials etc there and not with him as his contract is for them to do the work.

Who are the building company in question?

 

Can i also ask what exactly came through the roof? .. Was it the scaffolding or the materials or both.?

That will be important as Scaffolding has to signed off as being "Structurally Secure" before being mounted upon etc

[i hate bailiffs]

This will be the scaffolding company that are liable

 

It is not at all uncommon to load up scaffolding

 

Who was the scaffolding company

 

Unless it was the builders own scaffolding

[Jake Maverick]

sounds absurd, from what I was always taught to believe...your neighbour employed them, ergo he is liable for what they did.

 

would have thought you would also be entitled to compensation...

 

but it's all a moot point....if you can't prove which employees of which company did what...what can you do?

 

would also have thought the damages of antique table and chairs, if you can replace them, and the rest would put well beyond the remit of small claims court....+ they screw you on the legal fees....they'll force you to employ a solicitor....you run up couple grand bill, then they change the rules saying u dnt need one and u can't even claim costs....then reverse infinitum in order to make sure u go bankrupt and never do anything so foolish as trying to use the supposed system ever again- even if you win you still end up several grand out of pocket best case scenario.

 

if it was me it would no doubt escalate to physical violence, pigyob involvement, effective illegal eviction and hundreds of thousands of damage- so you might just be best of demolishing conservatory and moving quick whilst you still can...

[jcaps]

Thank you so much for your replies. I have tried to send you further information but maybe you haven't received it so I'll send it again. The builder is DPS Ltd (http://www.dpsco.co.uk) and at first he said "debris" had fallen through my conservatory roof but when I said I wanted to claim through his insurance company he then said it was the scaffolding that had moved and dislodged the chimney pot which caused the second breakage. The second breakage was definitely caused by the scaffolding moving as there was also part of my chimney pot in my garden. The scaffolding company is called Altura Scaffolding London Company (info@altura10scaffolding.com). I know the builder is insured with The Moorhouse Group Insurance in Caerphilly.

[i hate bailiffs]

The scaffolding company are liable take it up with them

[jcaps]

Thank you.

[ericsbrother]

There may well be a joint liability so if the scaffolding co deny they are liable speak to your own insurers rather than risk suing the wrong person. Ultimately your neighbour is responsible for what goes on on his property but it does point to the scaffolders so send them a bill