Theoretical Question

got to be 3

I Think ??

 

the surveyor/building controls officers insurance, but you'd claim through your insurance which should have free legal cover, and let them deal with the Professional indemnity insurance.

 

Building Control have IIRC Crown Immunity.

That is to say you cannot sue them, even if they have made some glaring mistakes.

I would suspect that the cause of subsidence would first have to b determined, then that would in turn determine liability.

For example, if everything was done correctly but the ground suffered drought, then it may be the insurers who are to foot the bill.

However if your contractor either cut corners or used his own professional architect, then as far as you're concerned your claim is with the contractor. If he stuck to the spec detailed by his professional the he may have a claim in turn with his pro.

If you hired the architect, then he contractor who you also hired carried out the works, then:

if the contractor did NOT do as the architact told him, then the contractor would be liable
if the contractor did as the architact told him, then the architect would be liable.

There are several more scenarios I could list..... how long have you got?

CC

 

Great question, we recently did a large side and rear extension where a few houses away the BCO ordered 6m piles after viewing the ground. We made sure the engineer and the BCO made all the calls when it came to passing our footings.

 

Imho it will be your insurance company, since you have paid to insurance against this risk - what they do with the claim is up to them!

 

There was a test case a few years ago, basically you sue the builder,
often between the BCO passing something and concrete being laid, there is a period when alsorts can happen, such as the builder who decided to use railway sleepers in a trench bottom to avoid using much concrete?
or the old one of re filling the trench with dug material before concrete,

it happens, how can I be responsible for that?

 

Well now we've got responsibility going to 1), 2) and
3)
This is obviously a tricky one.

Lets remove some variables. The concrete for
foundations is delivered from a reputable Ready Mix
supplier and poured into trenches as viewed by the
BCO. The whole operation is captured on video.

Now where do we go?

The pub!!...-

 

I vote option 1.

The builder is responsible for the building he builds - he is the one doing the work

maybe your insurance company if you cant trace the builder

the council dont design the building for you and they dont build it either. They carry out sample inspections on the basics of the work eg the dont inspect every nail into a roof - otherwise they would be sat on one job all day watching what the builder is doing.

IIRC someone has to suffer considerable injury before the council become liable

 

No not true providing your builder has built to the specification, which is checked by the council, (There are mandatory inspections and discretionary inspections).
Footings are a mandatory inspection and its up to the Local authority to make sure they are up to standard. They will ask for SE calcs to comfirm if they are unsure and it is their responsibilty to check these calcs, although in my experience they don't always.
This is why it is always preferable to have passed plans before you start.
Provide your builder has followed this procedure he can't be held responsible for the failure.Any failure due to your builder not complying with regs at a non/non mandatory inspection stage (where no inspection has been made) is down to him. eg using the wrong nails on a roof.

 

But the specification is the responsibility of the designer, if its wrong then its his design and his responsibility/liability - the council may be at fault if they passed something that contrevened the building regs but the ultimate responsibility is with the designer for the design.

If theres a fault with the design then the designer is ultimately responsible - if the builder builds to someone elses design then he may have recourse againts that designer. the councils involvement is only as a check, its the designers responsibility to design within the regulations & as said previously building control only see the job at certain times and stages - lots of things can happen before and after inspections (e.g door closers, 'now you see them, now you dont' THATS MAGIC!)

 

Ink pad you are correct but if a set of plans are submitted to BC and are passed as approved its their responsibility to take them apart and make sure they comply after all they are the law as far as this goes.
As with most things it gets past down the line with the person ultimately responsible carrying the can, in this case a fight between BC and the designer, each has a duty of care the designer has an obligation to design a building robust enough and suitable for its intended use and BC have an obligation to ensure its safe and also to ensure that the design has been executed to the correct degree, with regards to safety (not necessarily quality or longevity though). If I as a contractor say instruct a plumber to fit aboiler in a property and it blows up then as the person contracted by the customer expect to be the first port of call I will then call upon my plumber to lay the blame at his door and providing I didn't damage the boiler or its associated plumbing then the duty of care passes to the plumber, if he can prove that his installation was ok and he has done nothing to warrant the failure then he gets onto the suppllier and the duty of care passes to them, they in turn get onto the manufacturer. its the same with everything we purchase whether its a telly or a building.

 

In order to find out who is resposable you need to find out why it has subsidence...
Is it because of a low water table?
Is it because of a broken water service pipe?
A tree nearby might be the problem...
The mix might have been wrong in the footings
The the trench might not of been bottomed out properly..
all in all test would have to be carreid out to answer Theoretical Question

 

I've thought about it and had a trademark 'Change of Heart'(TM)

In response to the OP's question

If you have an extension built on the back of your house, and it develops subsidence in the first few years then who bears the resposibility.

the answer quite obviously is the one with the worst solicitor!

 

nice one inkpad I suspect thats probably the case.