Little did I know when doing my first posting a couple of days ago, I would be asking for advice from the forum so soon!
We are doing our first subdivision in Perth and the demo guys went in a week last Monday to clear the back half of the property (we are retaining the front half which has a house on it). I had a phone call this Monday from the Building Inspector from the local council saying that the fence alongside one boundary had fallen exposing the neighbour’s swimming pool and if it wasn’t fixed immediately I would be up for a hefty fine of $5000. Having swiftlegged over to the property, the asbestos fence had indeed fallen over into the neighbour’s property (about 14 metres length) and the fence on the opposite side had also moved and was balancing precariously at one corner. The soil was extremely soft where the area had been cleared. Should it have been compacted by the demolition boys? They are saying that because the fence fell down a couple of days afterwards, it wasn’t their fault and that the severe rain and wind that Perth has been experiencing over the last few weeks (Steve will vouch for that I’m sure!) was the contributing factor.
My view is that sure the weather may not have helped but the underlying problem that I can see is that they did not take adequate care after clearing the area to ensure the fences were secure. Am I wrong in this? The neighbour who has the pool has been very good about the whole incident and has erected a temporary fence (which will keep the building inspector off my back) Am I right to pursue the demolition boys to rectify the situation (they haven’t been paid yet)?
I would appreciate any comments from Forum members about thisThanks,
Jebro
J L Smith
Demo guys tend to be pretty cavalier – that’s a nice way of putting it.
If they did what was asked of them i.e. clear the site, and the fence fell down a few days afterwards, forget it.
As for compacting the soil, if you specifically asked them to do this, they should have done it. I’m guessing you didn’t specifically request it.
Demo guys come and go pretty quickly. With big machines. They don’t muck around. I wouldn’t fancy your chances of negotiating any compensation with any of the demo guys I’ve met- they might come back and do a bit more demolishing.
Of greater concern to you is that you and your neighbour have a damaged asbestos fence to get rid of.
ScottTax Depreciation Schedules
Australia wide service
1300 660033
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http://www.depreciator.com.auHave you & your neighbour got insurance. You may be able to claim the fence.
Thanks Scott and Cathy. Yes, I’ve got insurance, so that is an option I can look into with the neighbour.
Currently the situation is an on-site meeting early next week with the demolition guy and the surveyor who is managing (!) the project for us. I hope the demo guy doesn’t bring his big machine back! I don’t hold out much hope of negotiating much my favour, but we will see. Another of those learning experiences I guess. I’ll let you know how it pans out.At least it has stopped raining here for the moment.
J L Smith
It’s good that they’re going to meet. Make sure it’s in daylight. You might get a bit knocked off the bill.
ScottTax Depreciation Schedules
Australia wide service
1300 660033
[email protected]
http://www.depreciator.com.au
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