Q&As

Where a builder working on property A causes damage to a neighbouring property, who is liable to the neighbour for that damage, the employer (who owns property A) or the builder?

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Produced in partnership with Abdul Jinadu of Keating Chambers
Published on LexisPSL on 21/06/2019

The following Construction Q&A produced in partnership with Abdul Jinadu of Keating Chambers provides comprehensive and up to date legal information covering:

  • Where a builder working on property A causes damage to a neighbouring property, who is liable to the neighbour for that damage, the employer (who owns property A) or the builder?

Where a builder working on property A causes damage to a neighbouring property, who is liable to the neighbour for that damage, the employer (who owns property A) or the builder?

If a builder causes physical damage to a neighbouring property then it is possible that both the employer (who owns the property on which the builder is working) and the builder would be directly liable to the owner of the adjourning damaged property. The basis for such liability can be in negligence, nuisance, disturbance of easements, or liability under the rule in Rylands v Fletcher which provides that a person who allows a dangerous element on their land which, if it escapes and damages a neighbour, is liable on a strict liability basis—it is not necessary to prove negligence on the part of the landowner from which has escaped the dangerous substance (see Practice Note: Nuisance and the rule in Rylands v Fletcher—common law liability for

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