Developer wants access to garden to fix water leaks

The developer in our as yet unfinished estate has been digging up the footpaths in various locations in the estate to repair water leaks in the mains.
With my permission they dug up a gravelled area at the side of my house and are fixing the pipes. They started 2 days ago, and as of now have left a gaping hole which is surrounded by ticker tape and traffic cones!

They now want access to my back garden to investigate further water leaks. I am worried about the damage they may cause. The garden is landscaped. They have taken no pride in their work, and have left a mess for the last week around the estate working on this job.

I don't want to let them have access until they guarantee they will fix up any mess they make. Should I make them sign a letter saying they will make good any damage caused within a week, or should I get a solicitor's letter before I let them go any further? What is the legal terminology to be used here?

Thanks.

I think you need a letter of indemnity from the developers, stating that any damage will be repaired within a fixed period. Have your solicitor write to them and take a photo of your garden.

mercman said:

I think you need a letter of indemnity from the developers, stating that any damage will be repaired within a fixed period. Have your solicitor write to them and take a photo of your garden.

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Thanks mercman. I guess I should insist that they repair the hole in the gravelled area at the side of my house first, before I allow them access to the back garden and get the letter of indemnity. I will visit my solicitor first thing in the morning.

You probably need it to state that it will be repaired to your satisfaction, or they'll do a bodge job and claim it's been repaired. You also want it to have a date by which it will be complete, adding that if it is not satisfactorily repaired within that time, you will have the work dane and pass on the costs.

Splash said:

I guess I should insist that they repair the hole in the gravelled area at the side of my house first, before I allow them access to the back garden..

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While this should be the situation without you requesting it and is a logical request, depending on what the issues/problems are they might not be in a position to close the original excavation until they've checked the pipes further along (this is highly unlikely, but anything is possible).

For safety, I'd leave the above from the letter and instead request that all works (so the garden and the gravelled area) are reinstated to your satisfaction (e.g. to the original standard/quality) within xxxx timeframe.
[when selecting the timeframe, try and be as realistic as possible as to how long the remedial works and reinstatment works will/might take]