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Semi-detached roofing

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Re: Semi-detached roofing

Postby Hairyloon » Sat Jun 11, 2016 5:36 pm

Does one have to ask, or are judges normally expected to award costs.
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Re: Semi-detached roofing

Postby atticus » Sat Jun 11, 2016 6:39 pm

You should ask; costs are normally applied for. The judge does not know if there has been anything else going on behind the scenes, e.g. Part 36 Offers. She will therefore pause after delivering judgment to see who applies for what.
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Re: Semi-detached roofing

Postby Albert » Mon Jun 13, 2016 11:04 am

Thanks for the replies.

In this case the insurers say the building insurance will not cover this....however the property owner has legal insurance through the home insurance and they will look at the matter.

The forms sent has asked "who is the claim against?" I would think it is against the property owner who engaged the roofer (?)

Of course this is perhaps just academic in this case, but it is interesting because if owner at No2 did not have legal insurance they would have had to pursue the matter against someone. Is Owner No1 responsible for the workmen he has engaged or are the workmen engaged responsible for ensuring their work does not adversely affect anyone else?
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Re: Semi-detached roofing

Postby atticus » Mon Jun 13, 2016 1:34 pm

Read the earlier posts about independent contractors again, and click on the link to the summary of the D&F Estates case.
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Re: Semi-detached roofing

Postby diy » Tue Jun 14, 2016 10:19 am

I think the Party Wall Act 1996 applies.

No.1 should have served notice to no2, no2 can appoint a surveyor to assess the damage, no1 has to pay fees. surveyor confirms damage. No1 pays or pays for another surveyor.

I'm not sure why no2, should get involved with no1s contractors.

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