Hi All,
We have a town-house, and so we share the common walls with our neighbours as we're in the middle. Recently, one neighbour (it's their investment property, I live in my home) decided to renovate and went through the appropriate process with council and engaged a licensed builder. A dilapidation report was completed prior to commencement. The builder initially damaged our property and then has caused subsequent damage during the renovation works.
- A shared gutter pipe was cut, a temporary down pipe was placed on our property without our consultation/knowledge and overflowed, causing internal property water damage to wall, flooring, which will require replacement/repair/repainting - our home insurance has approved - however we will have to pay excess.
- Minor damage across the common wall (e.g. minor cracking to paint work, visual cracks to timber (not structural).
- Unfinished work - e.g. short gutter, unfinished roof.
I engaged a lawyer who interestingly advised that I should just suck it up as insurance have covered it (however I'm still out of pocket). I have evidence to back-up with before and after photos etc.
To add to the story (many more not mentioned), another pipe on our property happens to be accessible from their property only. Before the builder finished, he was at pains to advise my that any leak from that pipe onto his clients' property would be my liable.
My question is - if I pursue, who do I pursue - the owner or builder? My preference is to chase the owner, providing it's worth the effort as have already invested a significant amount of time and just want closure. I've written a letter of demand which they've ignored and we will be out about $10K, not including our time.
TL;DR - Our house was damaged by a builder who has now finished up. I have incurred a loss (both time/effort and money) and am deciding if I pursue it, and who I pursue (Owner or Builder) given our home insurance has covered us for some cost (3/4), however, we will be around $10K out (not including valuing time) due to lawyers, insurance excess, initial/outstanding repairs (covered at our cost), repairs associated with insurance.
This is good professional advice from a solicitor. Perhaps you should give it some thought.