Hi all
I could really do with some advice - I have been having my tenanted property re-fenced, and the fencers hit a water main. They are saying 'it's not our fault' 'it shouldn't have been there, it's only 5inch below surface etc etc'
Well it's a fairly old property (1920s) - I didn't put the main there!! I am not covered under my landlord insurance, as there is an exclusion clause for damage caused by contractors, as the contractors should claim on their public liability insurance.
Their own insurance company told me that they are covered and should make a claim, and I should send the fencing company the bill...however they are refusing to do so, and have offered me £250 off the fencing bill by way of compensation
As the pipe is so old my plumber is having a hard time fixing it - it's been patched up but it's still leaking and he might have to replace the whole section, so it's going to be an expensive job.
I have absolutely no contingency funds left as it's been one thing after another this year, and so I do not have any money for a solicitor, or the plumbing work.
Here is the e-mail I have received from the fencing company today:
Due to the nature of the incident, we dont mind paying £250 (taken off your bill) for what has happened.
As the pipe that was fractured was ONLY approximately 5 inches below ground instead of 2 feet which is where it is supposed to reside, plus no warning for a pipe, e.g. normally ANY pipework ANY less than 2 feet below ground will have pea shingle at least 3 inches all around it, to warn a pipe is in situ we feel this is fair compensation.
Also due to the fact there was no other place to dig the hole as that is exactly where the gatepost would fall so really ANY pipework shouldn't be living directly under AND in line with your boundary line.
All my tradesmen friends say that the fencing company are liable and should claim on their insurance, that's what it's for, but they are point blank refusing - where do I go from here?!
I could really do with some advice - I have been having my tenanted property re-fenced, and the fencers hit a water main. They are saying 'it's not our fault' 'it shouldn't have been there, it's only 5inch below surface etc etc'
Well it's a fairly old property (1920s) - I didn't put the main there!! I am not covered under my landlord insurance, as there is an exclusion clause for damage caused by contractors, as the contractors should claim on their public liability insurance.
Their own insurance company told me that they are covered and should make a claim, and I should send the fencing company the bill...however they are refusing to do so, and have offered me £250 off the fencing bill by way of compensation
As the pipe is so old my plumber is having a hard time fixing it - it's been patched up but it's still leaking and he might have to replace the whole section, so it's going to be an expensive job.
I have absolutely no contingency funds left as it's been one thing after another this year, and so I do not have any money for a solicitor, or the plumbing work.
Here is the e-mail I have received from the fencing company today:
Due to the nature of the incident, we dont mind paying £250 (taken off your bill) for what has happened.
As the pipe that was fractured was ONLY approximately 5 inches below ground instead of 2 feet which is where it is supposed to reside, plus no warning for a pipe, e.g. normally ANY pipework ANY less than 2 feet below ground will have pea shingle at least 3 inches all around it, to warn a pipe is in situ we feel this is fair compensation.
Also due to the fact there was no other place to dig the hole as that is exactly where the gatepost would fall so really ANY pipework shouldn't be living directly under AND in line with your boundary line.
All my tradesmen friends say that the fencing company are liable and should claim on their insurance, that's what it's for, but they are point blank refusing - where do I go from here?!