Damage from building site next door

Discussion in 'Development' started by Apatsavo, 8th Nov, 2017.

Join Australia's most dynamic and respected property investment community
Tags:
?

Should Metricon be liable?

  1. Yes

    4 vote(s)
    100.0%
  2. No

    0 vote(s)
    0.0%
  1. Apatsavo

    Apatsavo New Member

    Joined:
    8th Nov, 2017
    Posts:
    1
    Location:
    Victoria
    Hi there
    For the past 3 months Metricon has been building a brand new home next door to my place.

    During the first month the old home was being demolished. I found debris on my property that could have narrowly damaged my window. I did not complain in that instance. I also didn't notice when it happened but debris can be clearly identified that it did come from that property. I deem it to be accidental.

    Just last week though I noticed a large dent on the front bonet of my car. About a metre away a large concrete block/piece was found and noticed some dents on my driveway from the impact of the concete. Its clear that the damage was caused from the direction of the building site by how the car is positioned and where the debris landed. The concrete matches what is lying around at the building site. The issue here is that I don't know what time of the day it happened and who caused the damage.

    I've spoken to Metricon and they've told me they can't help me because I can't prove when it happened and who did it. Surely a big company like that would have extensive public liability insurance to cover these scenarios. Lets say that some youths trespassed on the property late at night and caused my damage. Why should i pay the consequences others actions. The site manager has informed me that they have had parts stolen from the site overnight previously. I know that the building site is not locked up at night. There is just a simple chain which just closes the doors.

    I'm not too sure what avenue i should take. I still think that metricon should be liable. Apologies for the winded story. Does anyone have any thoughts?
     
  2. Beano

    Beano Well-Known Member

    Joined:
    7th Apr, 2016
    Posts:
    3,359
    Location:
    Brisbane
    Set up a camera to watch the site.
     
    Kassy likes this.
  3. qak

    qak Well-Known Member

    Joined:
    1st Jun, 2017
    Posts:
    1,677
    Location:
    Sydney
    Even though you think the concrete came from their site, you have no evidence that some kids didn't pick it up and bash your car with it.

    You need a camera - a good quality high res one.
     
    Beano likes this.
  4. LifesGood

    LifesGood Well-Known Member

    Joined:
    26th Jun, 2015
    Posts:
    911
    Location:
    Perth WA
    You shouldn’t, but in that respect then neither should Metricon. Sounds like you need to set up a camera and keep a lookout for any future incidences.
     
  5. KayTea

    KayTea Well-Known Member

    Joined:
    10th Aug, 2015
    Posts:
    1,204
    Location:
    Inside my head
    Why should the guy who's place is being damaged need to pay for a camera to be set up? It's not his fault that 'people' are damaging his place (and it really does sound as though the construction workers - not the 'local thugs' - who are responsible).

    People can't just get away with stuff, and not be held accountable, based on the premise "because nobody actually saw me do it, that means that I didn't actually do it" - that's a 6-year-old's logic. The builders should step up and be made to be held responsible - it's called 'being a decent human being'.
     
    Tufan Chakir and Tranquilo like this.
  6. The Y-man

    The Y-man Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,524
    Location:
    Melbourne
    It'll have to be a claim on your insurance (car and building) I suspect - and unfortunately you may even have to pay excess on the claim depending on your cover

    The Y-man
     
    Kassy and wylie like this.
  7. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,421
    Location:
    Qld
    Lodge a written claim on Metricon setting out the damage. Attach photos.

    Send it to the CEO at their registered address.
    Marg
     
    Tufan Chakir likes this.
  8. Tools

    Tools Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    305
    Location:
    In the lounge
    How close are they building to your boundary?

    Tools
     
  9. Beano

    Beano Well-Known Member

    Joined:
    7th Apr, 2016
    Posts:
    3,359
    Location:
    Brisbane
    You can't say who it was unless you have evidence
    the concrete block needs to be fully fingerprinted and matched to the staff to blame the construction coy
    Which may not be practical
    A camera is easier
     
  10. Perthguy

    Perthguy Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    11,767
    Location:
    Perth
    Concrete evidence?

    Seriously though, the OP needs to photograph the crime scene and the construction then forward it all to the insurance company. Let the insurance company sort it out.
     
    wylie and KayTea like this.