Damage liability disclaimer in contract provided by builder (threads merged)

The FMB has a suite of standard contracts that are (I understand, from what friends have told me) equitable and fair for both contractor and customer - rather than querying specific terms, ask to use an FMB standard contract. https://www.fmb.org.uk/join-the-fmb/contracts/

Of course, if I were you I'd speak to the FMB first to check if that IS one of their standard contracts. If so, look for an alternative standard contract!
 
Sponsored Links
Woody's additional clauses are good, however, I'd soften them without softening them. All necessary and necessary have the same meaning. Work does not need to be of a high standard and to the satisfaction of the client. etc.
 
Sponsored Links
He isn't asking the client to cover accidental damage, he is asking them to cover making good for any damage caused which is necessary to perform the work. You either ask him to include it in the estimate or clarify how it is to be charged.

Unless you want margin on risk, I'd go with agreeing an incentive to keep it to a minimum.

If you have a competency/skill and care clause, he can't argue that you are liable for as an example a prop failure under the damage necessary for the work clause.
 
Depending on the nature of the work, there will be a high or low chance of the contractor needing to make good adjacent walls/roofs/plaster/fences/paving etc. There is always a risk. And under any contract, it’s always best for the party most able to deal with risk, to manage that risk.

Now, if you don't include a clause to deal with this, that creates two main issues for a client - the first is that the costs are unknown and there is an element of ransom for the client should damage occur, secondly the contractor is under no incentive to prevent or minimise damage - in fact it’s the opposite and to his advantage to cause damage for which he will be paid to rectify, at a price of his choosing.

So the normal thing is to instruct the contractor to allow for any damages within his pricing. He knows about the work, what may get damaged and how things will be done and the associated costs, so should manage this risk by building in a factor if he feels it necessary

What the contractor then does, is include an allowance to pay for any damages that he thinks he may cause or may be necessary. Under a competitive tender the contractor is incentivised to keep these potential costs down and not inflate his price, else he could lose the work.

One way or another the client will be paying for the damages – either directly or as a factor within the tendered price. But having the contractor manage this risk is the most efficient and cost effect way for both parties. If the contractor then causes no damage, he is quids in.
 
All good points - you just have to weigh up the contingency for damage vs extra margin/fees.
 
Last edited:
Because he caused it?

I discovered the neighbour has removed their chimney without proper supports which the structural engineer has taken into consideration.

The engineer has taken it into consideration is not the same as saying it's definitely not going to cause an issue. If damage were to occur not as a result of the builders activities (through negligence) because of the weakened structure it shouldn't be his duty to cover it.
 
You would be mad to sign a contract with that disclaimer in it. The builder should be responsible for damage to your property and the neighbour's property in relation to the building work he is undertaking and should have insurance to cover it. The only possible exclusion they could suggest is to the neighbours unsupported chimney breast but only if it is already unstable. If the structural engineer has already inspected it and decided your works will not affect it then I would still not accept the exclusion.

Mind you you are mad using a builder from Mybuilder so that exclusion clause is probably the least of your worries.
 
I wonder when the removal was done? As I think you need building regs involved.
Our house had partial removal (downstairs) without support by previous owners, but we ended up removing the upstairs part anyway, with proper support and was signed off by building regs. I think that makes it easier to sell the house at a later date anyway?

If the guy has no supports, can people get building regs/control involved at local council, and maybe their shoddy work rectified?
 
If I were the builder and a neighbours property was unsafe i’d pass on the job. YOLO.
 
The neighbours unsupported chimney removal was done over 15 years ago and checking the council building control database no application or approval was made. When I went round regarding the party wall agreement he said it was done by the previous owner and wanted to close the door on me.

Speaking to the neighbour on the other side he said before him there was a little old lady who used to pay him he to clean her flue and he remembers when after they bought the place the mess they made when the chimney was removed. He said they "looked like 9/11 survivors"

Judging by other works he has carried out his 2 year old extension has cracked cement splurging out and is already pulling away from the house you can take an intelligent guess as to the quality of work on the chimney removal. I will pay for a surveyor to issue an award so that part is covered.
 
Only you and your builder have seen the job and can quantify the risk. Your builder doesn't want to be on the hook for a can of worms and you don't want to write him an open cheque to fix stuff. I'd see what he is willing to agree to. There is a risk he loses interest.

WRT to the neighbours quality of work. It is how you find it.
 
The neighbours unsupported chimney removal was done over 15 years ago and checking the council building control database no application or approval was made. When I went round regarding the party wall agreement he said it was done by the previous owner and wanted to close the door on me.

Speaking to the neighbour on the other side he said before him there was a little old lady who used to pay him he to clean her flue and he remembers when after they bought the place the mess they made when the chimney was removed. He said they "looked like 9/11 survivors"

Judging by other works he has carried out his 2 year old extension has cracked cement splurging out and is already pulling away from the house you can take an intelligent guess as to the quality of work on the chimney removal. I will pay for a surveyor to issue an award so that part is covered.
The silly thing is that the support brackets are quite cheap, just a couple of hundred and getting it signed off by the council is only about £60-80. I don't understand people not doing this type of job properly.
 
I agree with wessex101's comments on this ( apart from the last part as I don't know anything about Mybuilder )
 

DIYnot Local

Staff member

If you need to find a tradesperson to get your job done, please try our local search below, or if you are doing it yourself you can find suppliers local to you.

Select the supplier or trade you require, enter your location to begin your search.


Are you a trade or supplier? You can create your listing free at DIYnot Local

 
Sponsored Links
Back
Top