Howdy,
I have an interesting problem to deal with.
We're in the process of constructing an IP with a well-known home-building company.
When the earthworks were about to proceed, the contractor upped their price claiming excess debris. We complained to our building company and ultimately it was agreed that we would just contract the earthworkers directly (cut out the 20% builder's margin). Seemed like a good compromise.
After the earthworks were completed, we noticed that the limestone block foundation of a boundary wall had moved considerably and the ColorBond fence on top of it was on a lean.
Since we have contracted the earthworkers, it is our problem to deal with it.
The earthworkers have supplied a consultant engineer's report saying the limestone foundations were not to correct standards and say that their insurance doesn't cover the damage as they didn't hit it, so refuse to pay to fix the fence.
We say, we didn't do it, so we're not paying.
So who has to pay to repair the fence?
We haven't paid their invoice yet.
Any help would be much appreciated!
cheers, Tony
I have an interesting problem to deal with.
We're in the process of constructing an IP with a well-known home-building company.
When the earthworks were about to proceed, the contractor upped their price claiming excess debris. We complained to our building company and ultimately it was agreed that we would just contract the earthworkers directly (cut out the 20% builder's margin). Seemed like a good compromise.
After the earthworks were completed, we noticed that the limestone block foundation of a boundary wall had moved considerably and the ColorBond fence on top of it was on a lean.
Since we have contracted the earthworkers, it is our problem to deal with it.
The earthworkers have supplied a consultant engineer's report saying the limestone foundations were not to correct standards and say that their insurance doesn't cover the damage as they didn't hit it, so refuse to pay to fix the fence.
We say, we didn't do it, so we're not paying.
So who has to pay to repair the fence?
We haven't paid their invoice yet.
Any help would be much appreciated!
cheers, Tony