Advice needed re spicy building situation

[Oneeyedreindeer]

We paid a lot of money for a house project last year. Our house is semi-detached and during the work the scaffolding damaged the neighbour’s chimney. We think that this happened during the storm last spring but it’s unclear. Either way the builder/scaffolder had agreed to fix it as it was their fault/they were liable. We do also have the agreement via text message so in writing.

Stupidly (perhaps stupidly) we trusted them (we know the builder well and like him). The project was finished in the summer and it has still not been fixed. The scaffolder is now refusing and they builder is saying it will ruin him to fix it.

The thing is, DH is way too kind hearted and I am very worried that we will end up paying for this, even though it is not really our “fault”. We are also mortified that the neighbours have had to wait this long and obviously want to fix the situation ASAP.

What would people do in this situation please?

You need to make sure your neighbour is not out of pocket and repairs are carried out. Then you need
To sort it out with your builder.

Get advice.
From what I remember, the neighbours should claim against you, all through house insurance, and then in turn your insurance claims against the contractor's insurance.

Was a party wall agreement involved? If so, this should cover it. I’d be pretty cheesed off as your neighbour if your works had damaged my property and you’d still done nothing to sort it out so far.

I would fix the damage to the neighbours property and then go after the builders for reimbursement

1. Repair your neighbours property
2. Seek redress from the builder

Ok that makes sense everyone.

our neighbours have been more than understanding and it should not have gone on this long/only has because the builder continually said he was going to do it!!! And somehow weeks turned into months of him about to sort it and here we are.

the builder also spoke to the neighbour and agreed what reparations to make! The thing is it would have been much cheaper for the builder if he had just sorted it out himself with his own men/it will cost more this way but that’s how it will have to be!

thanks for advice I didn’t realise about us going through insurance and them coming after his

DH says our house insurance doesn’t cover the neighbour’s house. We do have a party wall agreement. I guess we pay out of pocket then recoup loss?

Your builders and/or the scaffolders will have Contractors All Risks cover, which includes Public Liability cover for events such as this - damage caused to third party property by their works.

I think your neighbours need to lodge a claim as they're the owners of the damaged property.

Given there's a time delay the CAR insurers may quibble, as difficult to inspect the evidence of the loss and they're disadvantaged if the damage has worsened in the intervening time - they'll find a reason to lessen their cost!

Or you pay / share cost with the builder.

Did you inform your insurer you were having works done? If so they likely added this cover. Ring the insurance company yourself and check