Rank: Super forum user
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Rank: Super forum user
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Seems he was looking to make things more complex than they needed to be.
A phone call to his insurers and a loss adjuster would have been appointed to oversee the repair works, rehousing and recovery from the negligent party.
As for the scaffold plank, covered by the Work At Height regs and enforced by HSE. Again, if the value of the table justified it, insurers could have dealt with the civil aspects. Not worth it for a £50 B&Q job mind.
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Rank: Super forum user
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I very quickly read through the article and don't remember insurance being mentioned, maybe they were not insured?
It would be my first port of call if it happened to me.
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Rank: Super forum user
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Thanks Victor
With all due respect; in my opinion if all we think about nowadays is insurance then we have fallen to the level of all the others and lack of suitable and sufficient management is a criminal offence not an insurance situation although insurance etc. has its place as noted
This is yet another case of builders knowing that the HSE etc. is now toothless & the HSE confirming that situation along with builders knowing that the average person cannot now undertake a civil action to defend themselves as the costs etc. are outside the ability of most people in this 'free' country
As V noted in a previous post he had the best time as I did where justice was more than just a word in a dictonary
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Rank: Super forum user
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One on many incidents up and down the country involving so-called builders. The only reason this incident made the press is because of the person's notoriety. Insurance was not mentioned...but that could have spoiled a good story.
That aside, it just goes to show how vulnerable people are in their own homes and the apathy shown by the authorities. I seem to recall an incident recently where the whole house collapsed...maybe Nick should count himself fortunate.
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Rank: Super forum user
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Interesting but I see there is a Party Wall Agreement and he needs to contact the appointed surveyor.
If the developer has breached the The Party Wall Act or the Agreement it should be pretty simple to get an injunction to stop the work. I cannot believe it will cost £10k to do this unless they were going to argue another point in court. However a bit of damage and a near miss is not a breach unless the developer refuses to carry out repairs.
He is wrong about the HSE not accepting reports from members of the public and such reports have resulted in prosecutions. He needs to take a few photos of any breaches and email them to the HSE.
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Rank: Super forum user
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This is the message on the HSE web address for people to use if they have concerns:-
"""If you are not able to use this online form then you can raise your concern by email: concerns@hse.gsi.gov.uk or by phoning our Concerns Team on 0300 0031647 in office hours, 8.30am – 5.00pm, Monday - Friday"""
I find that the message is well hidden and does not include weekends nor nights etc. so what are people to do then? And historic practice was for the HSE to contact the complainant or go out and address the issue of concern but I doubt very much that the HSE will undertake such site visits anymore [not in my experience anyway] from now on in especially so noting that even the police do not go out unless they have to and its programmed to get worse noting the proposed police cuts never mind the new HSE working practices
And whilst party-wall law and similar does have a place HSWA, CDM etc. requires adequate management irrespective of other areas and please note it initially looks like somebody could have been killed
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Rank: Forum user
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Very interesting ... as are the comments but in all honesty I think that this will not be the last time a story like this will appear.
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