# ESB Line damaged during course of work - who pays?



## BoscoTalking (29 Nov 2013)

Hi All, we seem to have signed up a pretty poor builder who has now damaged the ESB line into the house. first i heard was when this person called to the house and now i am told a bill of 500e will come to me / in my name. The builder rang to report it damaged. Can i hold this back from final payment ?


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## Bronte (29 Nov 2013)

Well it's his fault, but if you tell him you're going to do this what will happen.  

Everybody can make a mistake, this does not make him a poor builder, but if he is a poor builder, why did you hire him?


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## lowCO2design (30 Nov 2013)

elmosong said:


> Hi All, we seem to have signed up a pretty poor builder who has now damaged the ESB line into the house. first i heard was when this person called to the house and now i am told a bill of 500e will come to me / in my name. The builder rang to report it damaged. Can i hold this back from final payment ?


can we assume the 'final payment is more than the esb amount ? if so, you cannot 'hold back his final payment' ! assuming other works are sign-off on by your architect?

can we assume you have held % retention ? if so you are 'covered' if the issue is not resolved amicably 

first thing you need to do is discuss the issue with the builder/architect

what is this 'poor builder' crap? did you tender formally with appropriate  documentation to several builders? did you enter into a contract with your builder? what does this contract say about such issues as esb damage and who is liable?


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