Sarah Patterson, a London resident who required advice from construction dispute solicitors in London, instructed Aldwych Legal after Network Plus undertook works on a neighbouring property, which reportedly damaged her driveway. The dispute concerns negligence and liability for property damage arising from construction activity.
What Happened
Mrs Patterson noted the driveway had been in good condition for over seven years prior to the works. Network Plus carried out work at a neighbouring site, and soon after, the driveway sustained damage. CCTV footage, with time-stamped intervals, captured the condition before and after the works, supporting the timeline.
Sarah asserts that Network Plus, or its subcontractors, caused the damage through negligent work, resulting in repair costs and disruption. Network Plus has denied liability, suggesting the damage was due to external factors beyond their control and not attributable to their operations.
Legal Issues
- Duty of care: Network Plus and any subcontractors owed a duty to Sarah Patterson during the works.
- Breach of duty: Alleged negligent actions during construction breached that duty.
- Causation: The breach caused the driveway damage, as evidenced by CCTV and the timeline.
- Vicarious liability: The main contractor’s liability for subcontractors, depending on contract terms and control exercised.
Our Approach
Our team assessed the factual and documentary evidence, including the CCTV footage, and reviewed the contract and control arrangements between Network Plus and its subcontractors. We initiated pre-action correspondence under the CPR and the Construction Pre-Action Protocol to narrow issues and explore settlement.
We engaged in targeted negotiations with Network Plus, outlining potential remedies including repair of the driveway and recovery of legal costs. The aim was to resolve the matter without court proceedings, while preserving the client’s position.
Where appropriate, we consulted a construction expert to evaluate workmanship and causation.
Outcome
Following extensive pre-litigation discussions, Network Plus offered to repair the driveway and cover the client’s legal costs. The settlement was reached without proceeding to court, delivering prompt repairs and certainty for Sarah Patterson.
Result / Why It Matters
Sarah Patterson’s matter underscores Aldwych Legal’s expertise in construction disputes and subcontractor liability, delivering practical remedies without resorting to litigation.
