Building Works Next Door Damaged Property

Charleston on 10/07/2019 - 10:52
Last edited 10/07/2019 - 11:59

Hi guys,

A bit of background, recently built a house in a newer area and moved in and now they are building a house 2 lots down from mine with a lot in between.

I discovered on the weekend a yellow stain on the pavers near the fence line of my house, i figured it was caused by yellow sand (happens with all the yellow sand around, it gets everywhere then when it rains it can stain) so i got out the pressure cleaner to get rid of it but it wouldn't budge.

On closer inspection the yellow was also stained on the plastic downpipe nearby, and seemed to be caused by something else.

I went out to look at the other side of my fence, it meets the wall of my house at the boundary on the empty lot between my house and the house being built - and i've found someone from the building site next door has tipped a bucket of something that has stained the wall of my house yellow, and it's splashed by under my fence to stain the pavers.

The empty lot is littered with there waste, and concrete and other stuff is dumped everywhere - as well as concrete and other splatter over the other side of the fence.

I took some pictures of the issue, it seemed pretty obvious what had happened, and since the builder is the same one we recently built with I got in contact with them to let them know - expected they'd be apologetic and send someone out to clean it.

Unfortunately they've decided to go the other path and tell me they cannot see how the stain could have possibly been caused by them.

What are my options now? has anyone had any experience is anything similar?

Edit: as requested here is a picture - https://imgur.com/f1RwAmx the stain in question can be seen near the shovel, and you can see the whole lot is used as a dumping ground.

Home & Garden

Comments

  • Typical16-bitEnjoyer on 10/07/2019 - 11:11

    MS Paint diagram of the lots plz.

    • Charleston on 10/07/2019 - 12:05
      +1

      Added a picture to the post.

  • qwerty on 10/07/2019 - 11:18

    So someone from their lot went all the way across the empty lot to your fence and threw something over it to cause damage and your evidence is that they dump their stuff on the empty lot ?

    Its going to be hard to prove it was those builders or someone else

    • [Deactivated] on 10/07/2019 - 11:23

      When pouring out/applying paint, the wind can cause droplets to travel a fair distance.

      Paint rollers and sprayers are notorious for causing damage on a windy day.

      • Charleston on 10/07/2019 - 12:02

        I don't think it was paint, best guess some sort of sealer or something they were working with? I don't pretend to be an expert.

        • [Deactivated] on 10/07/2019 - 12:12
          -1

          Same principle. The application process has splatter.

    • Typical16-bitEnjoyer on 10/07/2019 - 11:40

      Its going to be hard to prove it was those builders or someone else

      Agreed.

      Thus why I wanted a MS Paint diagram. Sounds like there's an empty unrelated lot in between.

      Good luck linking the builder to something on the opposite side of the lot they're performing work on.

      travel a fair distance

      So the droplets travelled 12-14 metres in enough quantity to stain a wall and seep under OP's fence?

    • Charleston on 10/07/2019 - 12:02

      I've updated my post to include a picture - the lot isn't as bit as you imagine. When they're doing work there water often hits of comes over the fence when they're cleaning stuff - like someone was cleaning out a cement mixer with a hose the other day.

      Here is the picture:

      https://imgur.com/f1RwAmx

      • Typical16-bitEnjoyer on 10/07/2019 - 12:09

        Can you take a pic inside your courtyard - of the stained pavers.

        • Charleston on 10/07/2019 - 12:17

          Here you go:

          https://imgur.com/RsqYYAs

          I originally thought that they just have sprayed a hose which pushed yellow sand up through the gap and it dried - not worrying too much about it as it comes off pretty easily.

          But I have no idea what this is, or how to get it off.

          • Typical16-bitEnjoyer on 10/07/2019 - 12:33

            @Charleston: How did it get above the retaining wall, and under your fence, and along the length of the pavers from that splatter near the shovel?

            • Charleston on 10/07/2019 - 12:40

              @Typical16-bitEnjoyer: Fair question - the truth is i don't know. Perhaps they threw another bucket of it at the fence or retaining? or they threw is and some of it went the direction of the fence while the majority hit the wall?

              I don't have video of this occurring, but I don't think it's an unreasonable assumption to make personally.

              It would be a very unlikely coincidence if something else happened to cause it on the paver, exactly the same as the stain on the wall…

              and even if you accept that coincidence, i am still left with a massive stain on my wall.

              • Typical16-bitEnjoyer on 10/07/2019 - 12:53
                +1

                @Charleston: First thing, nothing will ever happen about the stain on "your" wall. It's not considered a fence under the law. You wouldn't even know about the stain unless you trespassed on their land.

                Second thing, you're going to need to reasonable prove how it occurred. It's not clear here. I can't see how a splashed bucket of something made the liquid go under your aluminium fence, which appears to overlap lower than the pavers, yet end up on the top of the pavers. Then there's the splashes a distance from the fence. Is the retaining wall stained?

                If it was something poured over the aluminium fence then surely there would be more staining everywhere and wouldn't be along the fence line.

                Third thing, you need to assess the time and money you're willing to exhaust trying to resolve this. Work out the price to replace all the affected pavers before doing anything else.

                • Charleston on 10/07/2019 - 13:09

                  @Typical16-bitEnjoyer:

                  First thing, nothing will ever happen about the stain on "your" wall. It's not considered a fence under the law. You wouldn't even know about the stain unless you trespassed on their land.

                  The picture is taken from the footpath, so yes I would.

                  Second thing, you're going to need to reasonable prove how it occurred. It's not clear here. I can't see how a splashed bucket of something made the liquid go under your aluminium fence, which appears to overlap lower than the pavers, yet end up on the top of the pavers. Then there's the splashes a distance from the fence. Is the retaining wall stained?

                  To be honest, i didn't come here to prove to people online what happened. I just want to understand what options I have to pursue it further. If there is a body i can escalate to, or if it's purely a legal matter, or even do i get it sorted and take them to small claims?

                  I'm just hoping someone has some experience with it.

                  Third thing, you need to assess the time and money you're willing to exhaust trying to resolve this. Work out the price to replace all the affected pavers before doing anything else.

                  That's exactly why i came to ask the question, so i could understand what my options are and what to do next…

                  I understand my evidence isn't absolute, but I'm sure you can understand my position. They've only just started building on the lot, how do i protect my property? surely the only option isn't to put up a security camera to watch them?

                  • Typical16-bitEnjoyer on 10/07/2019 - 13:22

                    @Charleston:

                    The picture is taken from the footpath, so yes I would

                    Forget the wall. You won't get anywhere. It isn't visible from your property.

                    To be honest, i didn't come here to prove to people online what happened. I just want to understand what options I have to pursue it further.

                    I'm not asking you to prove it. But if you go further you'll need to at some point.

                    See a lawyer. Hit them with a letter of demand. Issue in SAT.

                    You'll need evidence to prove who did it and how they did it or you won't get far.

                    As I said, you need to assess what replacing the pavers costs. That's all you'll potentially be entitled to. You may find replacing the pavers is cheaper than going the legal route. Alternatively you could just re-stain the pavers.

                    If there is a body i can escalate to

                    No.

                    I already posted further below. Department of Water and Environmental Regulation (DWER). They will investigate waste dumping only. They won't help you fix or get compensation for your pavers.

                    The pavers and the next door builder is purely a private matter between you and them.

                    • Charleston on 10/07/2019 - 13:28

                      @Typical16-bitEnjoyer: If those are my options then I will have to leave it and take the loss - it's not worth hiring a lawyer.

                      • Quantumcat on 10/07/2019 - 19:17

                        @Charleston: You could get a quote for replacing the pavers, then send a letter of demand by registered post. That will only cost you a few dollars and can't hurt

  • [Deactivated] on 10/07/2019 - 11:18

    If there is evidence of them using the same paint that is present on your property, and there are no other sources of the paint around, it may be sufficient grounds to establish reasonable cause.

    (Reasonable cause may not be sufficient to establish blame.)

    • Charleston on 10/07/2019 - 12:27

      I guess my question is who makes that assessment? Who do I go to to make the decision?

      • [Deactivated] on 10/07/2019 - 12:33
        +2

        You can make a complaint to the relevant tradie's regulatory body although I've found that they will provide any reason to defend the tradie.

        Unfortunately, you may need to get lawyers involved.

        In scenarios like these, if you're absolutely certain of the cause, it's more productive for you to proceed with leverage than attempt remedy.

        Ie. If the builder is dumping illegally or leaving bits and pieces on the road, photograph and document every little transgression. He may incur far more financially and/or inconvenience than it would to rectify the damage done to you.

        It is underhanded but it is within the law. If you're certain the builder caused the damage but he is hiding behind the complexity of litigation, you can play the same game.

        • Typical16-bitEnjoyer on 10/07/2019 - 12:40

          relevant tradie's regulatory body

          They won't touch this unless it related to protection work.

        • Charleston on 10/07/2019 - 12:46

          Ie. If the builder is dumping illegally or leaving bits and pieces on the road, photograph and document every little transgression. He may incur far more financially and/or inconvenience than it would to rectify the damage done to you.

          Any ideas how I can find what the rules are for this and who I would report them to?

          • Typical16-bitEnjoyer on 10/07/2019 - 12:56
            +1

            @Charleston: In your state - Department of Water and Environmental Regulation (DWER)

            Keep in mind this is a separate issue. They can only deal with potential dumped waste. They cannot help you fix, replace, get compensation for your pavers.

  • redforever on 10/07/2019 - 11:25
    +2

    The empty lot might have been used as a dump by rogue builders.

    • Charleston on 10/07/2019 - 12:05

      It's possible - but there isn't any other houses being built nearby… it would also be a big coincidence that someone would bring over a bucket and randomly throw it against my wall.

  • elgrande on 10/07/2019 - 11:44

    Photos please

    • Charleston on 10/07/2019 - 12:07

      I've updated the post

  • whooah1979 on 10/07/2019 - 12:02
    -1

    Subbies dumping spoils after hours is common. The builder isn't liable for the spoils unless they instructed the subbies to do so.

    • Typical16-bitEnjoyer on 10/07/2019 - 12:06
      +1

      Without going into a long post, that is certainly not true. The builder can definitely be liable.

  • 87percent on 10/07/2019 - 12:47

    there should be a sign up showing who the site manager is at the neighbouring property, i would be contacting them via email… but you gotta weigh up if it's worth it as builders (IMO) can be buttheads and they MAY "accidentally" cause other damage to your property

    • Charleston on 10/07/2019 - 12:49

      That's exactly what I did.

      • 87percent on 10/07/2019 - 13:09

        another option is to contact the council, and get them to investigate it

        • Typical16-bitEnjoyer on 10/07/2019 - 13:25

          Under what authority would council be able to investigate or do anything about this situation?

  • Nutrino on 10/07/2019 - 12:55
    +1

    Where is the pic of the stain on your side?

  • [Deactivated] on 10/07/2019 - 13:09

    I've seen damage like these before and it was caused by acidic / acid-based cleaning product. The neighbour had used a patio-cleaner and left it to "soak".

    Have you used any patio cleaner with hydrochloric acid (or Muriatic) listed in its ingredients? It is also used to clean brick walls and possibly has other uses on a construction site.

    • Charleston on 10/07/2019 - 13:20

      Nope, the pavers have been in for 2 months. Still nice and clean aside from this.

      • [Deactivated] on 10/07/2019 - 13:30

        How much would it cost to replace the damaged pavers? Could you get your builder to do it under your new home warranty?

        • Charleston on 10/07/2019 - 13:33

          They've said no, it's the same builder who built our house that is building on the lot.

          • ShortyX on 10/07/2019 - 15:23

            @Charleston: It could be another tradie from somewhere else dumping waste.

            • Charleston on 10/07/2019 - 16:05

              @ShortyX: Could have been a large bird who shat as they flew over

              • ShortyX on 10/07/2019 - 16:09

                @Charleston: Is there any of the 'stuff' on the outside of the retaining wall? A walkthrough video of both the outside and the pavers may help the OzBargain detectives reach a plausible explanation!

  • [Deactivated] on 10/07/2019 - 15:50

    Looked at the photos. Seems to be a storm in a tea-cup to me.

  • vinni9284 on 10/07/2019 - 15:56
    +1

    Unfortunately they've decided to go the other path and tell me they cannot see how the stain could have possibly been caused by them.

    Typical builders excuse.

    Good luck dealing with them as it will be a very tireless and endless dispute.

  • farknos on 11/07/2019 - 11:03

    If the driveway between the two brick walls is a separate lot, i dont think you will have to worry for log as i imagine when the build another brick building on that lot/driveway they will build from brick wall to brick wall and you wont have to see any of the stain on the wall.

  • OzDayZee on 25/07/2019 - 20:14

    Came here after a friend told how his front lawn was destroyed by the builder in the adjacent property and refused to fix/pay.

    Moral of the story - If someone is doing construction around your property, it's wise to invest in some 24x7 recording CCTV systems.

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