The Right to Full & Final Settlement Payout
Any information to help would be greatly appreciated.
Basically I have a tree outside my house and the roots have pushed my front garden wall back, to the point where it could potentially fall over. After submitting my claim to the LA they have written back to me with this:
We confirm that we have no objections to works commencing in accordance with the estimate provided by Mem’s Building Contractors. Having consideration to the considerable age of the existing front garden wall, the inadequate foundation and the considerable betterment that will be achieved in having the works carried out, the Council would be willing to contribute the sum of £2,150 towards the cost of the works. Please confirm to us the date the works are due to commence and the area excavated exposing any roots from our tree found underneath, so that we may arrange to visit the site at that time.
I wrote back asking for the above amount to be sent to me in full & final settlement, which they are not prepared to do. They want to see the front wall excavated and perhaps even the new wall erected before they send me out a cheque.
Is this correct?
What if (and we are 100% this is not the case) they make us excavate and then say they cannot see the tree roots and refuse to pay? Not many builders will start a job like this without some payment up front, which I am not prepared to do.
I even suggested they dig up the pavement (which also needs to be replaced) so they did they own excavating on their own land to determine the cause, but they refused.
Essentially they are not
Essentially they are not admitting liability. What they are saying is that if the work needs to be done as a result of fault on their part they will pay part of the cost. But only if you can show it is their responsibility.
The only way you can do this seems to be by excavating. If its the roots problem they will pay otherwise they will not be liable. I can understand their position. If you argue that it must be the roots then proceed with the work firmly in the knowledge that you will be repaid.....if you can afford to pay up front. If not then either try to get them to agree to make a contribution to the cost of excavation or get an experts report as to the cause and threaten to sue if they don't put it right.
Richard Paremain