Property damaged by Strata's Building Contractor

I am living in apartment block, on ground floor with courtyard and there is a gazebo in my courtyard. At the moment there are building repairs carry out by the strata using their contractors and they are currently repairing the roof. So on the weekend I found out there are a lot of dirt on my courtyard due to the repairs on the roof (this I don’t really mind since it is easy to clean), there are two holes on the tent of my gazebo from cigarette butts and also a big bucket fell causing the gazebo’s roof frame to bend. The bucket has cement all over it. I have contacted the strata to let them know about this incident and also asked them inform the contractor that I want the damages to be repaired. The strata came back to me and said that the contractor claims that none of their staff smoke but did not say anything about the bucket that fell. They are only willing to send someone to clean up the dirt that fell into the courtyard. So I emailed the strata back asking what about the bucket since it has cement all over it and the strata only replied they will ask the contractor to email me. So in a way they are saying, it is between you and the contractor now, it is not our problem anymore. I know that it is hard to find out who threw the ciggie buts however the bucket is indeed a smoking gun since it has cement all over it. Anyone had ever experience similar issue and what is the best way to deal with this? Pictures attached.

Bucket with Cement: http://tinypic.com/r/2gt6n1l/9

Hole and Ciggie: http://tinypic.com/r/34dmyy8/9

Hole A: http://tinypic.com/r/2ltjcas/9

Hole B: http://tinypic.com/r/qryjae/9

Hole Zoom out: http://tinypic.com/r/zluusk/9

Hole Zoom in: http://tinypic.com/r/o0xdeo/9

Comments

  •  

    Renter or owner occupier?

    •  

      owner

      •  

        Then the onus will be on you that they damaged it unfortunately.

        If you were a tenant however, you’ll be able to get it compensates while the landlord chases up the strata for damages.

        •  

          why?? Is there a law/regulations to back up your statement?

        •  

          @ozbaragan: It's correct but not really applicable to your case. A tenant has a lease that says the landlord has to provide the property in reasonable condition. So if anything happens to the property (that's not the tenant's fault), the landlord has to get it fixed (or pay compensation for lack of use, etc - again, it's not really applicable here).

          The owner though, only has a legal relationship with the strata owners corporation, and… well which is why you're kinda stuck where you are.

        •  

          @HighAndDry: rhx for the explanation and you're right its not applicable to my situation.

  •  

    Those buckets aren't heavy, even with a bit of cement lining (though minimal). That couldn't have affected the framework.

    As to the roof lining, wouldn't take much to put a small patch over the holes

    •  

      http://tinypic.com/r/6o1hxi/9

      Look at this bent frame where the bucket fell on. It fell from level six (roof).

      •  

        Did it reach maximum velocity in that time or something? Lol your gazebo framework must be pretty weak if that bucket had such an effect. Thing weighs about a kg or less!

        •  

          well it is from Ikea. It must have hit the edges of the bucket. It is only 7 months old. Maybe Ikea will take it back or not. who knows

        •  

          @ozbaragan:

          Because it got damaged? No, they won't

  • +2 votes

    They can't fob it off to the contractor - they contracted the services, they're responsible for damage caused by the contractor in carrying out those services. But yeah, Spackbace raises an important point of if you can prove that that actually caused the damage.

    • +1 vote

      I would take it back to the Strata title people and say you want it repaired; I assume they have accident insurance?

      Given the Gazebo is IKEA I, assume, it didn't cost a lot of money. You might be able to get the builder to cough up a new one to make you go away.

      •  

        Even the gazebo is easier to bug the strata people with. Builder people have already left and would just ignore OP. Strata… well OP lives there. Harder to ignore.

  •  

    you need to set up a camera to capturing everything from now on!!!

    • +2 votes

      better stock up on some xiaomi cameras now…

  •  

    I wish I hadn’t used all my downvotes for the day as the OP would be receiving the vast majority.

    • +2 votes

      Yeah! How dare OP seek advice for accidental damage where nobody wants to take responsibility.
      This is a bargain site OP. Search for a cheap new gazebo. /s

    • +2 votes

      You can't downvote a forum post

      •  

        Unfortunately (in general I mean, not this specific post)

      •  

        Would be such a useful function. Well… not useful. But amusing.

  •  

    Assuming you're telling it like it is (which we all should. No point lying on a forum unless names have been exposed).

    1. Tell the strata they are responsible as it is their contractor. They can't just for it off. Decline any further conversation on liability with them. Just state it as fact.

    2. They can either remedy the damage, or they can explain their safety protocols of a cement bucket falling from 6 floors up. One is much more expensive than the other. The fiery rain of cigarettes may also be of interest.

  •  

    My advice…Contact strata and tell them you want to put in an insurance claim for the damage to your property through the strata building insurance, sometimes the insurance doesnt cover things like your gazebo because its not part of the building or contents but dont mention that because some insurance policies will.

    Tell them that you have photos of the contractors smoking on the job and that the cement bucket is identical to buckets being used by the contractor so you feel confident the claim will be successful.

    If strata arent cooperative with that, as an owner you are actually able to lodge a claim directly with the insurer yourself. Ask for the details of the insurance so you can do that. Often when they know you are going to do that they will change their attitude and agree to claim it on your behalf.

    In your case it might motivate strata to pursue the contractor directly