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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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Re: Semi-detached roofing

Postby Albert » Sat May 27, 2017 5:41 am

No.1 says he wants nothing to do with it and to go directly to his contractor, and not to involve him. He also says it happened too long ago to do anything about it (2014 - but steady stream of contact via phone calls/correspondence by No.2).

Contractor is either not responding or has 'moved on'/disappeared.

Can No.1 simpy say "tough luck mate, sort your roof out yourself".

Also, should No.1 have a responsibility to employ competent tradesmen, especailly in a situation where the work will affect adjoing properties. Further, it would appear that No.1 paid the contractor in cash. That may not mean anything in law but canit somehow demonstrate a perhaps cavalier approach and a lack of responsibility?
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Re: Semi-detached roofing

Postby atticus » Sat May 27, 2017 9:42 am

Have you fixed your roof?

How much did it/will it cost?

What excuse did your insurers come up with? Have you argued the case with them?
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Re: Semi-detached roofing

Postby atticus » Sat May 27, 2017 10:00 am

Albert wrote:Can No.1 simpy say "tough luck mate, sort your roof out yourself".

It seems that that is exactly what she is saying

Uncle Albert wrote:Also, should No.1 have a responsibility to employ competent tradesmen, especailly in a situation where the work will affect adjoing properties.

Such a responsibility is easily discharged. The bar is low.
the OP wrote:Further, it would appear that No.1 paid the contractor in cash. That may not mean anything in law but canit somehow demonstrate a perhaps cavalier approach and a lack of responsibility?

clutching at straws, unless possibly to show a VAT fraud. Do you actually have evidence?
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Re: Semi-detached roofing

Postby Albert » Sat May 27, 2017 11:43 am

Cheers atticus

The roof has not been fixed yet.
No.2 has house insurance plus pays extra for legal advice. The insurance people said that it was not a matter they could sort on house insurance (not sure of the exact reason, or if any given) but they directed No.2 to the legal advice line.

The cost of works was into 4 figures (not by much) and was considered disproportionate for the cost of them acting, and so advised small claims. No.1 given notice that matter would need to go to Small Claims. No.1 now says nothing to do with him - go to roofer.

Although clutching at straws (and I don't feel there is a need to clurch any straws yet) and the bar low for discharging a responsibility to employ a competent person, the roofer did such a poor job he caused substantial damage to No1 roof, gutters leak, roof has caused substantial damage to No1 property. Regarding paying cash - no evidence, but a simple question in court should sort that one out (VAT fraud and tax evasion)

Note: I have read various case law, including Anns -v- Merton London Borough Council, there is nothing that fills me with confidence for the damaged party, other than none of the case law appears to be persuasive either way.
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Re: Semi-detached roofing

Postby atticus » Sat May 27, 2017 2:16 pm

If your property has been damaged, you have a claim. If your neighbour engaged an independent contractor, your neighbour has a defence and your claim is against the contractor. All discussed last year, see earlier posts.

diy may have a good point about the Party Wall Acts.
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