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BT Work Damaged my Property, my rights?

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Hi, BT Openreach were carrying out works on my street a few months ago and damaged our garden wall (knocked it down). We chased them at the time and they asked to get them two quotes. We got t… Read More
feeder16 Avatar
10m, 3d agoPosted 10 months, 3 days ago
Hi,

BT Openreach were carrying out works on my street a few months ago and damaged our garden wall (knocked it down). We chased them at the time and they asked to get them two quotes.

We got these and they told us we had to chase Carillion, as they carried out the works. We have spoken with Carillion and they are saying it was done by their Sub-Contractor Maxcon, and we have to chase them.

Can anyone advise how to proceed with this? From my perspective, I believe 'as Client', BT instructed the work to be carried out, so it is ultimately their responsibility to fix this and its their prerogative to chase Carillion / their sub contractor for the money.
feeder16 Avatar
10m, 3d agoPosted 10 months, 3 days ago
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#2
BT Open reach employed Carillion, who employed Maxcon. BT Openreach should (I believe) be responsible for the action of their agent. If BT Openreach choose to go after Carillion, for restitution, and Carillion choose to go after Maxcon, for restitution, that is between them.

I'd be tempted to go back to BT Openreach with a letter to the effect that their employed contractors has caused you a loss and, that if they do not make good your loss within a reasonable (state how long) time, you reserve the right to have the work done and hold BTO liable for the action of their agent.

http://www.moneyclaim.gov.uk
#3
Its all just to give you the run around. Someone has insurance and it needs to be claimed on so I would just put pressure on the top at BT and let it run trickle down.

You can always call The Sun, you will probably get £100 for your story and no doubt it will get repaired!
#4
Send BT a letter advising no resolution, and you're being given the run around. Next stop small claims court.

Then. Pay the fee do £50 or whatever and take them to court. Of you've got confirmation of them asking for quotes, that's an admission of a degree of liability to me. Once the county court letter arrives, that'll get their attention.
#5
Derby_Lad
Send BT a letter advising no resolution, and you're being given the run around. Next stop small claims court.
Then. Pay the fee do £50 or whatever and take them to court. Of you've got confirmation of them asking for quotes, that's an admission of a degree of liability to me. Once the county court letter arrives, that'll get their attention.

BT on an upcoming episode of Can't Pay We'll Take It Away!
#6
I would agree with Fluffykins post. The work was carried out on behalf of BT Openreach and so I would think BT Openreach are responsible for damage done. It's up to them to rectify it and claim off the contractors they used.

Saying that though I'm no law expert but one thing I would say is you can always be vocal on their Facebook page. Companies often don't like that and will try to sort it to avoid the bad publicity.
#7
I agree with others. The contract is effectively between you/customer and BT Openreach. If they sub-contracted it further, that's of no material difference to the customer. Therefore, the customer should chase BT Openreach and then BT Openreach should try and recoup from their sub-contractors.
#8
Thanks for all the advice, its along the lines of what I thought.

I sent them an email on Saturday, outlining their requirements as Client under the CDM Regulations 2015, but haven't had any response from them yet.

I may try the executive email address soon.
#10
Ultimately Openreach (BT) should be dealing with this as they subcontracted out to someone else. I'd keep the pressure on BT and tell them you'll escalate it further if the matter is not resolved. Eventually they will give in.
#11
Fluffykins
BT Open reach employed Carillion, who employed Maxcon. BT Openreach should (I believe) be responsible for the action of their agent. If BT Openreach choose to go after Carillion, for restitution, and Carillion choose to go after Maxcon, for restitution, that is between them.
I'd be tempted to go back to BT Openreach with a letter to the effect that their employed contractors has caused you a loss and, that if they do not make good your loss within a reasonable (state how long) time, you reserve the right to have the work done and hold BTO liable for the action of their agent. http://www.moneyclaim.gov.uk
What this poster said.
#12
Legally the sub contractors were hired by BT so they are responsible
#13
Stick with hassling bt. If you don't get any where, write a complaint letter to their complaint department.
banned#14
Chase Openreach, stay with Openreach, dont bother with anyone else. That is their business to sort.

Send them a 30 day letter of intention of legal action & then issue a claim with the court system. http://www.moneyclaim.gov.uk

Do not get distracted. Just deal with suing Openreach.
#15
Could the OP please advise how things turned out? I am in exactly the same situation - except substitute garden wall with house wall, and a different (sub, sub) contractor. I have received the same response and BT Openreach are doing their utmost to outsource the claim to the sub-contractor. To add insult to injury, Openreach has unilaterally closed a complaint I made about this and other related issues.
#16
DQ99
Could the OP please advise how things turned out? I am in exactly the same situation - except substitute garden wall with house wall, and a different (sub, sub) contractor. I have received the same response and BT Openreach are doing their utmost to outsource the claim to the sub-contractor. To add insult to injury, Openreach has unilaterally closed a complaint I made about this and other related issues.


I went legal on them, explained that the book stopped with them legally; as they instructed the work and if they chose to seek compensation from the contractor, that's they're prerogative . I ended up meeting the contractor on site and they agreed to pay for the materials and I've rebuilt the wall the way I wanted. I could have pressed them further but we are in the process of selling that property and I wanted it resolved.

I'll try dig out my email, if I still have it
#17
Ps I also sent another email to the Principal Contractor (Carillion), along the same lines I.e. As Principal Contractor under the CDM Regulations (2015) they're responsible for their subcontractors workmanship

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