Demolition company asking to take responsibility for neighbours property damage

Hi everyone as from my previous post I Am still stuck in India and I had received building order regarding garage and varandah illegal construction. I have purchased the property in auction in 2016. After requesting council for extension of time they gave until August 6 to get it done.
I have taken the copy of permits and house was built in 1975 and separate car shed or garage is built at same time. As council told me no permits have been taken to build this garage, I have to either get permits or get it demolish.
I want to demolish the garage now this demolition company I signed up with and paid 10 percent fee, first asked me to get demolition plan made up from another provider as this isn't something they do. Now they are telling me that after inspection they found that there is High risk of adjoining property get some damage and wants me to take the responsibility and pay for damage if that happens.
Email says
Yes, we are aware that the garage that is proposed to be demolished is not joined to the neighbouring dwelling. Our issue is that as the garage is close to the neighbouring dwelling, the risk of damage to the neighbouring dwelling is high. So, for us to be able to send out demo team to the site when demolition commences, we will need an email confirming that you will be liable for any damages to the neighbouring dwelling. Kindly note, we will take every possible precaution to ensure that damage to the neighbouring property will not occur. But without an email confirming that you will be liable for any damages caused to the neighbouring dwelling, we will not be able to send our team on site to demolish when the day comes.


So my question is should I take the responsibility or forget about my deposit and look for another demolition company?

I have asked council if we can retain the wall as fence and demolish everything else in the order but council saying that I have to demolish everything. This is council's reply.=
The Garage should be independent of the Building on the adjoining property, The wall of the Garage is of unknown construction and is subject of the Notice to demolish.

Sorry English isn't my first language. Any help advice will be appreciated,
I am very very stressed firstly about coming back to Australia and now this building from last 6 months.

 

You should ask for the terms before paying a deposit. Some of these demolishers are cowboys so be careful

 

Do you know roughly what year or how old the garage is?

 

Garage is built same time as the house as both are brick vineer. Permits say built in 1975

 

In terms and conditions they have mentioned that they have liability insurance of 2 million etc. N

 

Terms and conditions never mentioned about this. It says they have liability insurance of 2 million

 

Then they are trying to change the contract

 

I think it have this in terms. Sad
Quote Terms and Conditions 1. Green Demolition and Earthworks are licensed and have $20,000,000 public liability insurance. 2. We recommend installing a crossover protection to minimise damage to your driveway and footpath, please check with your local council before installing as restrictions or permits may apply. 3. All works are subject to town planning conditions from your local council (includes tree removal). Green Demolition and Earthworks will not be liable for any heritage or council asset requirement without any relevant permits. 4. Tree removal close to the boundary will be cut near to ground level unless the owner takes full responsibility to any damage that may occur to boundary fences, adjoining property etc. Any tree pruning that is required must be completed by an arborist. 5. Footings near the boundary will be cut as close as possible to avoid any damage to adjoining properties. 6. While all efforts are made not to cause any damages unfortunately in some cases it may be unavoidable especially where the work includes removal of boundary trees or front fences, therefore Green Demolition and Earthworks will not be liable for any damage to boundary fences, footpaths, driveways, water connections or any underground services. Green Demolition and Earthworks will not be liable for any damage to underground services located on your block unless we have been notified of their precise location and they are clearly identified on the site. 7. While every effort is made to inspect the area of concern, asbestos or hazardous material may be discovered during demolition, i.e. buried or hidden. Therefore, additional charges may apply for the removal to take place, the asbestos or contaminated soil will be quoted before removal. 8. Green Demolition and Earthworks will not be liable for any damage to adjoining structures on adjoining properties that are connected/attached to the above project. 9. Asbestos clearance certificate must be provided before commencing any work, unless the asbestos removal is organised by Green Demolition and Earthworks. 10. We recommend the owner/s arrange dilapidation reports for the adjoining properties to protect themselves from any neighbouring claims that may arise. 11. Green Demolition and Earthworks shall be entitled to submit a variation or new quotation should any variation to the works or quantities stated above be requested by the owner/builder

 

If the structure has been there for over 40 years I'd be telling the council to get stuffed!

 

Can they contract out their liability? Probably not.
The contract clause above doesn't appear to say that you have to pay for damage that they cause.

 

That's there reply.
But without an email confirming that you will be liable for any damages caused to the neighbouring dwelling, we will not be able to send our team on site to demolish when the day comes

 

Please elaborate.
I have lost job and stuck overseas from 8 months. Still they are not listening and threatening with fine. Don't know what to do

 

This is a continuation of this thread

https://www.propertychat.com.au/community/threads/advice-needed-council-asking-to-demolish-the-garage.57030/

 

Now that I've read the other thread it makes more sense. I would just remove the spa and wall inside the garage.

 

Council is saying that the whole garage is without permit so want me to either apply for the permit or demolish the whole garage and varandah.
I have removed the spa. I requested to atleast let me retain the wall as boundary fence but they are saying I have to demolish the whole thing.

 

Estimate I was getting for the permit is from 6k to 8 k for permit. Since its a 588sqm land. So I thought in future if I want to have another dwelling at the back I still have to demolish the garage in future. So that's why I thought better do it now although it is quoted for 12k

 

They're being unreasonable. If it's been there for over 40 years and structurally sound then they should leave it alone. Councils are difficult at the best of times but I would stand my ground.

 

These same guys demolished a house adjacent to a build we were doing recently. We ended up with brick in the new pool shell, other debris over the boundary, and broken pool pipes from rubble dropped over the boundary. I watched them demolish the old garage on the boundary and I suggest there is a high chance that there will be damage to your neighbour's property.

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