Neighbour's builder damaged my house and fence - Sydney

Discussion in 'Legal Issues' started by origin, 30th Mar, 2022.

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  1. origin

    origin Member

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    Last Saturday, the builder hired a retaining wall company to work on my adjoined property. Without my permission, they were using my water to do the job. Since there is no more fencing between our property. I have reported to the council, but the council told me just remove the tap temporary.
     
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  2. Lacrim

    Lacrim Well-Known Member

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    Geeeez WTF. My sincere sympathies. That's one major dilapidation event. I'd go after those responsible like no tomorrow. You shouldn't have to spend a single cent out of your pocket for this. Can't get over the amount of damage.

    What part of Sydney is this?
     
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  3. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    You can buy locking covers for taps or if its a standard brass head. Shut off water and change it out for this valve which has a removable key as part of handle.

    Kinetic 15mm Vandal Proof Tap Assembly With Key - Bunnings Australia
     
  4. origin

    origin Member

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    Hello Lacrim / Paul
    Thank you for the advice. I am like you said no tomorrow to chase this builder and the neighbour, but none responded to my lawyer email today (Friday 29) is the last day.
    I hope you one cent. So far, I have receipt waiting for the structural engineering report, surveyor report and my lawyer fee... I have water bill and gas bill increase because of leaking ...
    The important one is now I have no fencing on the side of my house. The first thing I will fix is since the builder has been taking their time to do the retaining wall 4 weeks not done yet.
    On Monday, I will ask my lawyer if I can install new fencing on the boundary while waiting for the builder to do their retaining wall since everyone can see my house inside from the public street for 4 weeks now since the builder removed the fencing to do the retaining wall.

    Yes, I bought one of that taps quite expensive too, $30 from bunning.

    Have a great day and weekend every one
    Best Regards
     
  5. origin

    origin Member

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    i am in Matraville NSW
     
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  6. wylie

    wylie Moderator Staff Member

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    Did you take it further with your own insurer? I find it incredible that they could deny a claim. I would push this.
     
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  7. Stoffo

    Stoffo Well-Known Member

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    I'd of found a nice rental property and had removalists move me and claimed ALL associated cost and expenses (even my rates, interest payments and water/electricity supply charges) against the builder/insurance due to my HOME not being secure or being able to be heated/cooled, let alone not being able to sleep because I couldn't lock my doors/walls !!!!!
     
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  8. spludgey

    spludgey Well-Known Member

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    I can't believe what people put up with!
    I'd be jumping up and down day and night! While I agree it's civil, I'd still lodge a police report about the builder refusing to give you their insurance. Turns up the pressure and creates a record.
    I'd also contact the owner of the other site and call them daily to ask about the insurance details of the builder (will be in their contract).
    I'd also consider contacting ACA.

    What are you doing, given your deadline has passed?
     
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  9. Scott No Mates

    Scott No Mates Well-Known Member

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    @origin - what action has Safe work NSW taken since it inspected?
     
  10. origin

    origin Member

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    Scott i am very disappointed with Safe Work NSW only asked the builder to put the soil back. the builder is very slow to do anything already 5 weeks still no retaining wall done
     
  11. origin

    origin Member

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    Hello Wylie. yes, I am very surprised as well. my insurance has refused it. I have logged with afga and Allianz complain team at the moment.
     
  12. origin

    origin Member

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    stoffo i wished my insurance will do above as you have mentioned.
     
  13. origin

    origin Member

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    Hello, Spludgey I have called the local police about my wall has damaged by my neighbours builder. the police told me to call my insurance or council.
    I have only emailed my neighbours. my neighbours have told me to ask the builder.
    my last option is using a lawyer. I have tried all other options but no work. when I talked with the builder to fix my paving and fencing but builder told me 3 or 4 weeks. so far already 5 weeks nothing was done. yes, thank you my last resort will be ACA as well.

    Thank you everyone for all the comments and information. I will take all the suggestions.
     
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  14. wylie

    wylie Moderator Staff Member

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    What about the Ombudsman? I'd give that a whirl. What you are having to put up with is disgusting.
     
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  15. Zyzz

    Zyzz Well-Known Member

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    I don't know if you're the same person I replied to in another thread but your information provided is incorrect and it's quite concering you're giving completely incorrect information. Your home insurance policy covers you for loss as a result of negligence by third party. I dont know the exact details of this person policy but with normal home insurance, this persons home policy would be activated upon a claim being lodged and the builder would be contacted by the insurer and urged to lodge a claim with their Professional Indemnity Insurer. Should the builder not have professional indemnity insurance the insurer will pursue the builder directly. Its quite simple. I don't know what else sort of policy a home owner could have to cover them from something like this other than normal home insurance. I think you should check what your saying is correct before writing it.
     
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  16. origin

    origin Member

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    Hi Wylie yes i did Ombudsman = afga now. i am trying any option at the moment to fight with the builder. Thank you
     
    Last edited: 1st May, 2022
  17. origin

    origin Member

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    Hi Zyzz , different person. My claim to my insurance was rejected. thank you
     
  18. Stoffo

    Stoffo Well-Known Member

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    Might be time to get a billboard !
    An entire billboard picture of your damaged house with the writing "Allianze won't pay" in big writting and a description of the event in small writting.

    Like a double sized for sale sign for your front yard ;)

    Send a pic to the local newspaper, news station and ACA, let it grow from there :D

    (*You might even make a few $'s selling your story :))
     
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  19. Scott No Mates

    Scott No Mates Well-Known Member

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    The clause that you have quoted would apply if you were liable for damage to another person's property.

    Find the appropriate clause.

    Is this your PDS? - linky
     
    Last edited: 2nd May, 2022
  20. Gockie

    Gockie Life is good ☺️ Premium Member

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    @origin
    I just read this thread. I am so sorry you have this issue. I'm with others, your home is not safe to live in right now. I hope the builder will bring back everything to original condition and you don't have to pay anything out of your pocket, none of it is your fault and you are trying to do the right thing.

    I also think it's strange your insurer won't help.
    I think bring it to ACA (A Current Affair)'s attention.
    You should not have to be dealing with this. :(

    When I tried the link on my phone:
    Screenshot_20220502-080409_Samsung Internet.jpg
     
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