Builder damaged footpath while stormwater connection, who repairs?

Hi all, to applied to council for OC and they came out asking for kerb footpath damage, which occurred during storm water connection.

We already paid approximately 10k as variations for this stormwater connection as per subdivision plan.

Now builder is saying it needs it is not their responsibility to comply with council and they can fix it but we have to bear the cost.

My understanding is that builder worked as per subdivision plan for stormwater connection but they damGed council property footpath so it will be builders responsibility to repair. Builder is not agreeing to this.

what is the right way here?
Please help...

 

What does your contract say?

 

Who paid the foot path bond to council? If it came out of the builder's pocket, problem solved. If not, refer to the contract, specification & plans in that order.

 

As stated above, your contract will outline who pays. If it say something like 'the builder will take every care that no damage to blah blah blah is done but will not be responsible for blah blah blah', then it's pointless to fight them.

 

This is a common "restitution" issue. Telstra etc do this all the time. Every trench dug on a road is same. Council will use their contractors to fix that section.

Your builder had the stormwater connected and in doing that damaged council property as a element of the need to make that opening to the gutter. The restitution is part of the cost of building and is unavoidable. Excavation under a footpath using a pipe borer would be too slow and costly. The builder would likely be correct to say - You pay it.