Construction next door - What to do

[neK]

My neighbour is currently renovating (well more like gutting the entire house and rebuilding and extending it).

Anyway, we share a common driveway and the builder has made an absolute mess of the place.

For example:
Dumping of brick pallets (with bricks) - approximately 6 pallets on my own front yard + another 4 on the common driveway.
No sediment control (so all the dirt and cement flows onto my property, because it slopes onto my side).
Rubbish all over the place.

I spoke with the owner and architect (architect referred to builder) and showed them the pictures of the stuff I had to put up with.

They asked me not to call council which i agreed if they cleaned up the mess prior to christmas. They did clean up, but not a great job.

Anyways, theres now a whole bunch of damage to my property as a result of the builders negligence.

1. Cracked concrete on my front lawn (resulting from the builders placing 6 pallets of bricks, steel beam and other construction material)
2. Cracked paver on my front lawn (resulting from the builder dropping loose bricks)
3. Chunks of concrete removed from the common driveway (right of passage) probably due to them driving their bobcat up and down the driveway.
4. The side of my house being damaged (same reason as #3)
5. Damage to my plants on the front lawn as a result of lack of sediment control (there is sand and gravel over my plants, resulting in some of them dying).
6. Damage to the pillar on the front boundary (same reason as #3).

Now the owner has promised this will be "fixed" by the builder, but I don't trust the builder to actually do a proper job (if they have the attitude of dump stuff on my front yard, its evident they don't give a cr@p).

To ensure this gets fixed, what is the best thing to do?
1 Call council (I'd rather avoid this because I dont want bad blood between me and the neighbour).
2 Get them to agree in writing they will fix this up?

I'm leaning towards option 2, but is me being nice going to end up biting me in the backside? I don't want to foot the bill for something I didnt do.

I've also spoken to the architect and asked about whether they are going to put a drain on the fence line because my backyard is currently paved, and the neighbour is intending to concrete their back yard.

Given the way the land slopes, without any drainage, all water and dirt will wash over to my side. The architect has indicated they are not required to do this. I've contacted council and they advised they will come out to have a look. However I've declined this option for now because I dont want council coming around and fining them for all their dodgy stuff (again simply to avoid bad blood).

The architect is has now given me a verbal this will be done, but I think he's just saying it to keep me happy. Legally are they required to put some sort of drainage system in to stop water run off into my back yard?

 

[wylie]

Given the way the land slopes, without any drainage, all water and dirt will wash over to my side. The architect has indicated they are not required to do this. I've contacted council and they advised they will come out to have a look. However I've declined this option for now because I dont want council coming around and fining them for all their dodgy stuff (again simply to avoid bad blood).

I would get the council involved now regarding the potential drainage issue. If that results in a fine, then surely that is their own fault. They have shown you no respect so far.

The architect is has now given me a verbal this will be done, but I think he's just saying it to keep me happy. Legally are they required to put some sort of drainage system in to stop water run off into my back yard?

Verbal is about as good as the paper it is written on . I'd get something in writing, and if that is backed up by the council all the better.

I'm not suggesting you niggle and cause bad blood, but the owner, architect and builder all know your concerns and have not bothered to try to hose down the situation which is already building. What hope have you got if their action (or inaction) so far is a guide?

 

[Sheryn]

NeK

Protect your property - sounds like daylight break and enter going on!

Start taking photo's and logging damage in a diary etc.
Ring your lawyer tomorrow, so all communications are in writing, legal and enforceable.
The builder is responsible for the building site, deliveries and subbies IMHO.

My experience with Council is that employees will not do much at all and only cover their own tails.

Start now and play tough ball. Ring the Builder up and the Owner after you have been to the Lawyer and let them know you are not happy with the damage they are doing and you have put the matter in the hands of your lawyer.

1. Lawyer - Follow advice from Lawyer.
2. Council - Ask for Building Inspector and notify re lack of erosion control and damage to your property.
3. Department of Fair Trading - they have Building Inspectors (may not apply in this case but can offer information)
4. Workcover have Building Inspectors ring and notify of unsafe worksite eg. damage to your place (Workcover's role is to ensure safe work sites)
5. Ring your Insurance Company and ask them where you stand after you have spoken to your Lawyer.


At the end of the build the Builder [sounds like a cowboy] will hand over to the Owner and he will be gone and the Owner is not responsible for damage whilst a building site.

Do not worry about relationship with neighbour [neighbour is not worried about you] as Builder's subbies physically damaging your property and no builder should do that repeatedly.

Yes it will cost you money for Lawyer but then the repairs will be done to your satisfaction.

My personal experience from neighbours is they verbally promise a lot and deliver little and leave your yard in a mess.


Keep us posted
Sheryn.

 

[Pa1nter]

I see it all the time and rarely does the builder fix things up as good as they found it.

He will say the delivery people are the problem,

Did the owner organize supply and delivery of building products or the builder?

Owner wont pay extra so the builder wont pay it out of his own money.

All the other trades are equally responsible for their own damage they do,
Example bob cat people ,but they can say the delivery truck damaged it first,

Problem is how do you enforce it when half a dozen of the trades trades are at fault?

Don't be a pussy and do what you have to do

 

[chilliblue]

NeK

Protect your property - sounds like daylight break and enter going on!

Start taking photo's and logging damage in a diary etc.
Ring your lawyer tomorrow, so all communications are in writing, legal and enforceable.
The builder is responsible for the building site, deliveries and subbies IMHO.

My experience with Council is that employees will not do much at all and only cover their own tails.

Start now and play tough ball. Ring the Builder up and the Owner after you have been to the Lawyer and let them know you are not happy with the damage they are doing and you have put the matter in the hands of your lawyer.

1. Lawyer - Follow advice from Lawyer.
2. Council - Ask for Building Inspector and notify re lack of erosion control and damage to your property.
3. Department of Fair Trading - they have Building Inspectors (may not apply in this case but can offer information)
4. Workcover have Building Inspectors ring and notify of unsafe worksite eg. damage to your place (Workcover's role is to ensure safe work sites)
5. Ring your Insurance Company and ask them where you stand after you have spoken to your Lawyer.


At the end of the build the Builder [sounds like a cowboy] will hand over to the Owner and he will be gone and the Owner is not responsible for damage whilst a building site.

Do not worry about relationship with neighbour [neighbour is not worried about you] as Builder's subbies physically damaging your property and no builder should do that repeatedly.

Yes it will cost you money for Lawyer but then the repairs will be done to your satisfaction.

My personal experience from neighbours is they verbally promise a lot and deliver little and leave your yard in a mess.


Keep us posted
Sheryn.

Agree. You need to photograph and document everything and start making noises.

Anything on your property call the police.

Insist that council come out and meet you to inspect the damage.

Any communication with the builder must be forwarded to the owner.

 

[Television]

I'm with the others, don't be vindictive but protect your own.

You say you don't want to cause bad blood, however it seems the neighbour isn't too concerned about causing some?

 

[neK]

Photographs and file notes of emails and conversations I have taken.

Here's some for your viewing pleasure. Tell me if you think im being too pedantic about the mess they are making and whether I should just let it slide. One half of me says i should not stand for this. The other half knows how crazy I get and that I will make the neighbours life hell once I start (which is probably why im holding back).

The common driveway. First with dirt (which then became mud when it rained), followed by sand.

The builders using my front yard for brick pallets (simply because there is a "For Sale" sign up and they know I havent moved in yet). You can also see where they damaged my pillar next to the sold sign.

 

[neK]

Some more pics.

I cleared the pallets on the left of the metal beam. More appeared the next day. Arrggg.

The neighbours front yard, no skip bin, just rubbish (and its been there for the last month and a half).

And the lack of sediment control. I spent about an hour over new years remove the excess sand and cement stuff that was in my drain. Its all clear now

 

[regrow]

Have you got a tow bar on your car or borrow a car with one? Tie a rope around the base of pallets and around beam and drag them onto the street. Then call the cops to get the owner to move them. Or hire a pallet truck and move them onto the street.

 

[ianvestor]

Wow, there's no way I'd put up with that even for a second.

If it wasn't so expensive, I'd go one further on Regrow's idea and call someone for 'rubbish removal'.

 

[chilliblue]

Have you got a tow bar on your car or borrow a car with one? Tie a rope around the base of pallets and around beam and drag them onto the street. Then call the cops to get the owner to move them. Or hire a pallet truck and move them onto the street.

You cannot touch them as they do not belong to you. You need to get the police involved.

 

[pennyk]

Get council involved. There is a reason they don't want them sniffing around, and its probably because they are doing stuff that they shouldn't. Its better to have an independent third party involved.
Pen

 

[Sheryn]

NeK


No quality builder would allow what they are doing to your place to occur nor let it go on.

This is going to blow up big time as they will continue to do lots of minor damage to your place with building materials being dumped on your yard IMHO.

Ring your Lawyer - show him the pictures & protect your property. What kind of neighbour allows this to go on? You will end up with lots of small damage to your property.


Regards
Sheryn

 

[Macca]

Hi,

I would be taking photos twice a day, I would be in contact with my legal eagle and follow his/her advice.

Subject to the legal advice I would be anxious to have the council involved, they won't stand for that.

As you are selling I would be looking after myself first, I would think you could even get a legal stop put on the construction until they "behave" themselves and tidy it all up.

I think a security bond would be desirable as well.

 

[mary&mat]

The blooming cheek of these people!

Your front yard is not their personal storage space! I'd call the police too & make a police report in case you need it further down the line.

Like all others have said, I'd call council, Worksafe & whoever else I had to to get the owner/builder to remedy the situation.

They clearly haven't considered you. IMO, they really suck!

 

[neK]

As you are selling I would be looking after myself first, I would think you could even get a legal stop put on the construction until they "behave" themselves and tidy it all up.

Im not selling. I just bought. If I was selling i would have kicked up a massive stink already.

Like i said, its more about the repercussions at a later date (ie bad blood between the neighbour).

Stuff it, I'm going to call the council. I need them to ensure some sort of drainage is put in place to ensure water run off does not run on to my backyard.

The architect is pretty much telling me what I want to hear, but refuses to put it in writing in an email. He's had 24 hours to reply with a "Yes I can confirm a drainage pipe will be put in place to deal with the water run off" but has chosen not to respond in anyway to my email.

 

[neK]

Every time I ask them when are they going to clear this mess, the response is "when are moving in"

In my mind im thinking "its none of your f-ing business, whether I move in or not does not give you the right to use my yard as storage".

Sigh.... but i know much of an a-hole I can be and we moved from our last place because I caused so much bad blood between neighbours trying to stand my ground against dodgy people.

 

[chilliblue]

Hi Nek

Your neighbours have already set the tone for the way your relationship is going to be.

If they are aware of the problems and were decent, then they would be talking directly to you to mediate and effect a resolution.

When we built our house, the glazier did a 2am delivery with flood lights and loads of noise for over 1 hour.

That took several boxes of chocolates and a profound apology from us later the same day as this was a house we were to live in.

Yes it is a hassle, but you need to stand up for yourself. If you are worried, find someone you can trust and have them act on your behalf. This will give you an out as you can state excatly what they will say.

Sorry, but they were working for me and they may not acted on my instructions.

Good luck.

 

[Macca]

Im not selling. I just bought. If I was selling i would have kicked up a massive stink already.

Whoops, I recalled something about a For Sale sign being mentioned and thought you were selling, sorry about that !

I do think that you have been reasonable, I now think you are being ignored so in your shoes I would be sending an email to the architect saying that in spite of your repeated attempts to reach an agreement with every one involved, they have failed to act.

Consequently you have/will be contacting council within 24 hours for advice on the situation.

 

[chilliblue]

Any luck with resolving this?