Who is liable for damage to my terrace?

Questioner

Last year a contractor built a 4-metre extension for the neighbours. Due to the excavation work, part of my terrace subsided and a subcontractor dropped a stone during the masonry work, causing a tile to break. The contractor turned out to be a bungler and has not been in touch since. He did sign an agreement with my neighbours stating that he would fix it. The agreed date for this has passed and my email in which I put him in default has not been responded to. Now my neighbours think that I should solve it myself with a gardener and forward the bill to the contractor (with the chance that he will not be paid). I believe that my neighbours who after all appointed the contractor and built the extension, should ensure that my damage is repaired. I am curious who is legally liable, what steps I can take and who should pay for my damage.

Lawyer

Good afternoon. It is annoying that you have become the victim of the bungling of your neighbour's contractor and that nothing is being done about it! The damage was caused by an assistant of your neighbours and they are liable if you suffer damage as a result of his bungling. So you do not have to enter into a discussion with this contractor, your neighbours must resolve that. You would therefore do well to send your neighbours a so-called 'notice of default' in which you hold them liable for the damage caused and give them a period to repair this damage. If they do not do so, it is a good idea to hire a contractor yourself to record the damage and submit a quote for the repair or restoration costs. Then you can later, if it comes to proceedings, substantiate your damage. It is also possible that the damage is insured for the neighbours, who can verify this with their insurance intermediary. If you would like, I can help you draw up the letter.