dispute with neighbour over damage to property - any lawyers out there?

[elportodelgato]

This might be a bit long so apologies in advance.

About 18 months ago we had a fire at our house - it was not caused by us but by a workman. Our insurer arranged a builder to put right the damage, which was substantial and involved replacing the whole roof of the property plus a load of other things internally. The costs of this were eventually met by the workman's insurer as he admitted liability.

We live on a terraced street and our neighbour on one side is now claiming that in the process of the builder replacing the roof, part of his property has been damaged which he now wants to be put right. We have told him to address this to the builder directly but the neighbour is adamant that the responsibility for putting the damage right lies with us and he is now threatening us with small claims court.

IMO he does not have a case. Firstly he would have to prove when and how the damage was caused which I think he will find impossible to do (it could have been caused by the fire, by the builder or by the scaffolder, or indeed it could have been there before the fire happened). Secondarily, if he can establish how and when the damage was caused (eg: that it was definitely the builder that caused it) then he would surely need to go after the builder directly rather than us.

Does anyone have any knowledge of this area of the law who could advise me whether we need to be worried about being summoned to small claims? I am 95% confident we are in the clear but it would be good to know for sure!

Sorry can't help but if no joy here you could try Citizen's Advice - you can do it online.

Well if the builder has caused any damage to your neighbour's property then it is right that your neighbour should sue you and not the builder directly as your neighbour doesn't have any contract with the builder. You could of course then sue the builder for any damages.

Bear in mind that for a civil court your neighbour just has to show that the damage arose from the actions of your builder based on the balance of probabilities - hard to guess how the court would decide. You mention that it is unclear as to how the damage occured, but if the damage was done by the builder, the fire or the scaffolder then your neighbour would have the right to sue you in the first instance.

Do you have any legal cover in your house insurance?

Hi LadyMuck - thanks for responding.

We did not employ the builder - they were employed by our insurance company to do the work. I don't see how we could therefore have any liability for their actions while they were doing this work - we also did not have a contract with them IYSWIM. If they were negligent in the course of doing their job, I would think that the liability is all theirs and does not concern us.

If the damage was caused by the fire, I would think our neighbour would need to get the work done on his own buildings insurance who would then claim it back from the firm who started the fire.

I'm not sure if we have legal cover on our insurance but I will check - thanks for mentioning it!

Well even if the builder was employed by your insurance company then the line of contracts stil lies with you - you would sue the insurance company who would sue the builder. And presumably the builders were carrying out this work with your full permission. There is no line of contract between your neighbour and the builder.

Or think of it the other way round. If your neighbour had some work done on their roof, which lets say caused major damage to yours, wouldn't you expect them to redress this?

Certainly I would caution you against being 95% certain of winning in small claims court unless you can show that the damage to your neighbours propoerty was nothing to do with work done on your property at all. That said I suspect that your insurance will cover any costs, so would talk to them in the first instance, if only because keeping on good terms with ones neighbours is always helpful, and expecially so in terraces.

This is not my area, but just thinking about it I don't think going down the contractual liability route is the way to go. I think that a tort (wrong) has perhaps been committed and that a claim in negligence should be brought. You certainly owe a duty of care to your neighbour but proving that you were negligent may be difficult for your neighbour. I think that he would be better served going through his insurers who would probably have to investigate the circumstances and if it were found that 'your builders' were negligent then neigbour's insurers may claim against yours. Alternatively, neighbour might just pursue builders direct. In any event, like you say, there is the issue of proof.

I would point neighbour in this direction and see how they respond. Also, as Lady says, talk with your insurers and see what they say.

Call your insurance company and get them to liaise with your neighbour's insurance company. Take all emotion out of it, your neighbours should absolutely not have to contact your builder, they are contacting you and you will then contact your insurer.

That is the right way round. You do not want this to go to small claims court as you will have to show that you have followed the correct procedure, get something in writing from your insurer to say you have contacted them as well and politely write to your neighbours saying you have contacted your insurance company.

Also your insurance company will know the correct procedure, whether they will get their own independant inspection or commission one.

You say it could have been caused by "the fire, the builder, the scaffolder" - they are all your (and your insurers acting on behalf of you) responsibility.

Anyone know where i stand, my neighbour had there chimney breast removed and during their building work there builder has crushed our flue. I have had cameras put up and a report that says it has been crushed from there side. I contacted neighbour verbally and written letters but them or the builder do not take responsibility, the builder even came back whilst i was on hols and cut two holes either side of my chimney breast any advice would be welcomed.

Anyone know where i stand, my neighbour had there chimney breast removed and during their building work there builder has crushed our flue. I have had cameras put up and a report that says it has been crushed from there side. I contacted neighbour verbally and written letters but them or the builder do not take responsibility, the builder even came back whilst i was on hols and cut two holes either side of my chimney breast any advice would be welcomed.

Zebdy zombie thread, start your own post on the legal board.