Is My Builder at Fault?

Q.Approximately 18 months ago my roof was re-tiled. Today my neighbour knocked on my door to state that he has a leaking roof and this is because he has some broken and is blaming my builder for doing this. My builder stated he didn't go on the neighbours roof at all. The neighbour is saying that we must pay for the damage. I feel we have done nothing wrong, what should be our course of action?

A.

Given that your builder denies even going onto your neighbour’s roof, the onus here is on your neighbour who would need to be able to prove that your builder was the cause of his current problems.

Broken tiles are often caused by bad weather - in particular, strong winds - or it might simply be a case of your neighbour’s tiles being old and that they’ve cracked under the strain caused by inclement weather. On the other hand, your builder’s denials may just be a cover up. However, the only way to have the matter resolved would be for you to suggest to your neighbour that they hire a buildings or roof surveyor to come out and inspect the damage. A professional eye would be able to tell whether or not the broken tiles could possibly have come about as the result of your builder’s activities or if it was more likely to be down to weather damage or the fact that the tiles were old and needing replacing anyway. Looking at the condition of the tiles surrounding the affected tiles would be something to look closely at.

Your neighbour would be able to claim on his household insurance for the costs of this survey to be carried out. Should the surveyor’s findings prove that your builder was negligent then you have a couple of options. You can then either agree to pay for the damage or you can hire your own surveyor for a second opinion.

In cases where two surveyors may have different opinions, then you could either agree to split the costs of repairing the damage or make a decision to jointly agree to appoint a third and final surveyor and to stand by their findings.

However, it should be re-emphasised that from the information you’ve supplied here, there is no evidence that you or your builder have been guilty of any wrong doing so the onus is very much on your neighbour to prove otherwise.

He could decide to take you to court which should always be a last resort as it can be a very costly affair. Basically, it all very much depends on how you feel towards your neighbour. If the damage is relatively minimal, you might think it’s easier to suggest splitting the costs of the repairs as a small financial outlay might mean less hassle all round and will help you maintain good relations. However, until your neighbour proves any differently, you are under no obligation to pay anything.

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