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Hi

I was wondering if any one could give me any advice on the following situation we have with the highways agency?

They are coming to dig up the path way at the front of our property to fill in a damaged and blocked drain.

What they are asking us to do is to sign a piece of paper to say that if our wall falls down (which is not the best but it is standing now and has a few cracks in it but nothing major) that they are not responsable for this.

Now i say that i should not have to sign this as the wall is fine and not going to fall down unless they start when it may have a chance of falling down.

Does anyone have any ideas on this and where do i stand, do i have to sign this or are thjey trying to pull a fast one?

Also i am having an extension built at the back and are they thinking well there having work done they can pay for a wall while there at it and we can get away with this.

Thanks for looking

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Well they can't make you sign it. I wouldn't be comfortable absolving them of liability, mainly because I think they'll take a darn sight more care not to damage your property if they don't have a blood chit.

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sign nothing,Ive done a lot of work with highways agency etc,if your wall looks the slightest bit weak they will want you to sign something before they start digging as when you start digging if you aint really careful the wall will collapse into the trench,especially if its an old wall with minimum foundations,Ive seen whole houses go that way in the past!! if you sign something it just means they wont take their time,shoring the trench etc,handdigging as they should near an old wall,they will just steam in there with a digger and your wall will probably collapse with the vibration before they even start digging!! been there done that!!:-D

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Thanks everyone for looking at this and replying to me.

As i thought i think they were just trying to get my wife to sign it so as you say take them away from any liability they will have if and when the wall copllapses.

cheers

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Do not sign anything, what a cheek.

 

They will have to undertake a risk assessment of the work required if their is any risk to your property or their workmen. And also ask for a copy of their method statement for the work to be done.

 

Take photos of your wall and path in front, and take measurements of any existing cracks.

 

Write a letter to the HA, telling them that they are responsible for their works and anything that gets damaged to your property as a result of the work. Send them the photo's. ask for confirmation that they have received the letter, and also ask for dates when they proposed to undertake the work. If possible be at home that day.

 

If you have any problems contact your home insurance as well, they can give good advise.

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Personally i dont think it would have been the actual highways agency that would have asked you to sign something like that,they use contractors,the highways engineer would have weighed up the job and told the subbies to hand dig near your wall cos it looks a bit weak,this is a lot more common than you think,but there is no money in handdigging the subbies want the digger in there!!!!lol:D

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