Just as I got to work yesterday one of my tyres received a puncture. Opposite where I work there is a building site and when the tyre was removed a large roofing tack was nicely planted in the tyre. The garage said it wasn't repairable and I needed a new one (cost £100). Annoying as the tyre was only two months old!
I've kept the original tyre to try and claim against the builders. Does anyone know if I have a case and how should I go about doing this?
Any help appreciated.
Thanks.
|
You could appeal to the goodwill of the builders, though I wouldn't hold out much hope.
Otherwise, how do you prove the tack was one of theirs? Most unlikely that they or their insurers, should they even have any, would accept liability for your loss.
Annoying, but you will most probably have to grin and bear it in this case.
|
Actually you should report it to the local council.
If a number of people have reported the same thing then not only will something be done about perventing it happening again, but you stand a good chance of compensation from the builder as well.
|
I think you will find this an impossible claim to pursue. First you will have to show, on the balance of probabilities, that the tack that wrecked your tyre actually came from that very site. That in itself is hard enough, but if you could you might then have to show which of the various subcontractors on that site was responsible for dropping it, becuase it is most unlikely that any District Judge will regard this as the responsibility of the main contractor.
As much as I share your irritation over this, I think your only chance is an approach to the builder, on the basis that they might just suggest a compromise if you are prepared to make a real nuisance of yourself. But I think life is probably just too short to take this any further..........
CG
|
|
|
|
|
wouldnt hold out much hope of builder paying up but if you dont ask you definately wont get.what size /make is costing £100 ,only curious.if its only a nail hole couldnt you put in a fill of liquid leak stopper ,at about £7 has to be value for money
|
Take the tyre to a number of specialists and ask them whether or not they can repair it. Unles the hole is big, I would be surprised if it is not repairable.
Even if it has gone through the wall, it wouldn't be the first time I've had such a puncture repaired.
Also, do what Mark says. Contact your local council. You could possibly try the HSE as well. The builders may be causing a breach under the Health and Safety at Work Act. This act charges them with responsibility towards the general public as well as contractors employees etc. Such an incient of littering the roads with a nail can cause a serious accident either on that road or later.
If it's a roofing tack, my approach would be to find out when they may have been using these as part of the job, then approach them with the bill for replacement and invite a discussion WRT compromise.
If this does not work then suggest that the matter will be reported to the HSE and the council. Believe me, there's no worst builders' nightmare than having the HSE do a site inspection, especially if they know they have been careless. For the sake of £100 they could avoid a prohabition or improvement notice!
For those not in the know, a prohabition notice, very rarely served, stops work with immitiate effect within the vacinity it is served upon, either a site or machine etc. An improvement notice gives the contractor time to resolve a health and safety issue with the knowledge that the inspector will be back to check on progress.
Hugo
|
On large sites we always inserted a clause in the tenders making the main contractor responsible for keeping the approach roads clean and tidy. This wa usually done by a motorised sweeper.
The main reason was that during excavations etc soil and waste must not be left on the road by equipment and lorries on site.
Obviously by not adhering to this the Main contractor and NOT the sub contractors would be responsible for any accident or damage by failing to do this.
As such the main contractor would price and add this to his tender return. Perhaps thay would also take out insurance for this eventuality.
I suggest you approach the main contractor informing him of your mishap. If he fails to help contact the client and inform him of this, who should then remind the main contractor of their duty in this matter.
Sub contractors do not come into the equation and no communication is made between the client authority and sub contractors but always between the main participants.
|
|
|
Getting the HSE to visit a site due to a nail on the road would be a novelty, that's for sure.
As a manager in the construction industry, I can tell you that you will get no joy from them whatsoever...and why should you - they're a government body after all!!!! (CSA, DSS, Inland Rev, DEFRA, DWP etc etc etc).
HSE don't even attend sites for fatalities or serious injuries these days...phone the HSE and they'll send a police officer!!
|
|
Joint investigation with the police is quite common, but as the police are an emergency service, and HSE is not, they will often be there first. IIRC, 125,000 police officers, 1200 HSE inspectors. Mind you, its not run by inspectors anymore - Whitehall took it over for their benefit quite a while ago. Inspector? Whats that? Oh no, too argumentative, lets write a guidance note instead.
|
|
|
|
|
|
![2016 Toyota Prius 1.8 VVTi Excel 5dr CVT [15 inch alloy]](http://images.honestjohn.co.uk/imagecache/url/crop/90x60/https/assets.heycar.co.uk/t_default-export/f_auto/application_assets/vehicles/pictures/977a3187e5efde33e2bffa42432286b5/8eef4140cd0d2934d8a5d592043d8064.jpg)
