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Another builder putting scaffolding on part of our driveway and aisle to lay brick for neighboring house

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May 18, 2012
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Another builder putting scaffolding on part of our driveway and aisle to lay brick for neighboring house

Hi RFDer,

We are in a new construction sub-division with four builders; we occupied our house but the house beside just finished framing. The other builder (i.e., not my builder ) just put a notice at the front door telling us they may need to use our property during construction. Yesterday, they started putting scaffolding and part of it is on my driveway and cross my property line in the area between houses

Two concerns here:
1. Inconvenience caused as we cannot fit both of our cars on the driveway for the week or two at least
2. More importantly, the scaffolding is close to our roof and exterior wall. Worry about any damages caused by them will not be covered under my Tarion

Anyone in the forum had experience with similar situation, are they supposed at least talking to us for consensus first and to offer any compensation as opposed to just putting a notice at our front door?

Any suggestions will be appreciated before I stop by their construction office trailer next week.
39 replies
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Feb 11, 2007
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Pics?
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Tell them to get the F off your driveway! You're not dealing with a new neighbour, you're dealing with a builder not giving a F about you or your property. If they want to rent space from you, good for them.
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Mar 24, 2009
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KW
kwokwil0323 wrote: Hi RFDer,

We are in a new construction sub-division with four builders; we occupied our house but the house beside just finished framing. The other builder (i.e., not my builder ) just put a notice at the front door telling us they may need to use our property during construction. Yesterday, they started putting scaffolding and part of it is on my driveway and cross my property line in the area between houses

Two concerns here:
1. Inconvenience caused as we cannot fit both of our cars on the driveway for the week or two at least
2. More importantly, the scaffolding is close to our roof and exterior wall. Worry about any damages caused by them will not be covered under my Tarion

Anyone in the forum had experience with similar situation, are they supposed at least talking to us for consensus first and to offer any compensation as opposed to just putting a notice at our front door?

Any suggestions will be appreciated before I stop by their construction office trailer next week.
Relax….if they cause any damage. Someone will fix it.

Inconvenience…is part of living on a new job site.

You never know when you might need them…..
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Oct 19, 2008
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Where do you live, its usually called something like Construction Access By Law....see what your area's rules are before going to builders trailer.

Take pics of driveway, siding, etc....tell builder you expect wood under scaffolding if you asphalt is in....the scaffolding pipe feet sink into asphalt.
[OP]
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May 18, 2012
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Thanks. If it is my builder, yes correct I want to keep in good relationship to have better service level in future.

But this is not my builder so is not my priority to maintain good relationship if they are crossing the rule first.

raptormaniac wrote: Relax….if they cause any damage. Someone will fix it.

Inconvenience…is part of living on a new job site.

You never know when you might need them…..
Member
Mar 24, 2009
221 posts
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KW
kwokwil0323 wrote: Thanks. If it is my builder, yes correct I want to keep in good relationship to have better service level in future.

But this is not my builder so is not my priority to maintain good relationship if they are crossing the rule first.
If you’re that concerned, go to your builder.

They will most likely say the same thing as what I just said….

Part of daily life on a construction site.
[OP]
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May 18, 2012
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hmm thanks anyway
raptormaniac wrote: If you’re that concerned, go to your builder.

They will most likely say the same thing as what I just said….

Part of daily life on a construction site.
[OP]
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May 18, 2012
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Thanks of your input and we already have the first layer asphalt in - we live in Georgetown. I will check the related by-laws.
Zamboni wrote: Where do you live, its usually called something like Construction Access By Law....see what your area's rules are before going to builders trailer.

Take pics of driveway, siding, etc....tell builder you expect wood under scaffolding if you asphalt is in....the scaffolding pipe feet sink into asphalt.
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Did someone say Karen.
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Ballroomblitz1 wrote: Did someone say Karen.
Image

Since when did wanting to protect your new asphalt, siding, property from someone that didn't even bother to ask you about inconveniencing you and taking away one of your parking spaces equate to entitlement?
[OP]
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May 18, 2012
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Not going down the rabbit hole for discussion as different people have different perspective on things that bother them or not.

Quick update - this has been resolved quickly now with quick response from builder's corporate office/lawyer and my real-estate lawyer.

They have now signed papers to assume unlimited liability not just to the house but also any personal property (e.g. my car parked on the driveway) during the construction period. We have cameras around the house so will be used as proof if anything happen.

Thanks @Zamboni: they didn't have wood under scaffolding now but will rectify immediately tomorrow morning to protect the asphalt.

At the end of the day, it was about clear communication and setting expectation right as opposed to treating this as entitlement. With involvement up to the builder owner now, hope this would help improve their process going forward for everyone in the community.
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kwokwil0323 wrote: Not going down to the rabbit hole for discussion as different people have different perspective on things that bother them or not.

Quick update - this has been resolved quickly now with quick response from builder's corporate office/lawyer and my real-estate lawyer.

They have now signed papers to assume unlimited liability not just to the house but also any personal property (e.g. my car parked on the driveway) during the construction period. We have cameras around the house so will be used as proof if anything happen.

Thanks @Zamboni: they didn't have wood under scaffolding now but will rectify immediately tomorrow morning to protect the asphalt.

At the end of the day, it was about clear communication and setting expectation right as opposed to treating this as entitlement. With involvement up to the builder owner now, hope this would help improve their process going forward for everyone in the community.
Thank you for the update and the closure.
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Mar 24, 2009
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KW
It’s reasonable to assume that homeowners and trades will cross paths in an unfinished subdivision.

It’s reasonable to assume that something may get damaged.

It’s reasonable to assume that the one who created the damage will pay for it.

When someone doesn’t believe in being reasonable….that’s a Karen/Chad!!!
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raptormaniac wrote: It’s reasonable to assume that homeowners and trades will cross paths in an unfinished subdivision.

It’s reasonable to assume that something may get damaged.

It’s reasonable to assume that the one who created the damage will pay for it.

When someone doesn’t believe in being reasonable….that’s a Karen/Chad!!!
Ahhhhhh, I see you have no actual experience in this area of life. As someone that has ACTUALLY owned a home in a new development, No, a builder will NOT take responsibility unless you have irrefutable evidence that they did something wrong.
[OP]
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May 18, 2012
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Reasonable assumptions can have different interpretations unless it is black and white on paper.

Based on the professional legal advice I gathered, if a brick falls from the scaffolding and hit my car on the driveway. You may need to go through the hideous journey of small claim court to claim from the builder if they deny responsibility. Or alternatively, you will submit a claim with the auto insurance as a "hit and run" accident which can have implications to premium and insurance record for something that you are not at fault.

Just my 2 cents.
raptormaniac wrote: It’s reasonable to assume that homeowners and trades will cross paths in an unfinished subdivision.

It’s reasonable to assume that something may get damaged.

It’s reasonable to assume that the one who created the damage will pay for it.

When someone doesn’t believe in being reasonable….that’s a Karen/Chad!!!
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Mar 24, 2009
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KW
kr0zet wrote: Ahhhhhh, I see you have no actual experience in this area of life. As someone that has ACTUALLY owned a home in a new development, No, a builder will NOT take responsibility unless you have irrefutable evidence that they did something wrong.
Lol. I’ve been in the residential sector for over 30 years. I’m known from Windsor to Oshawa and All the way through cottage country….

We laugh when we get customers like this…we aren’t laughing with you….
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raptormaniac wrote: Lol. I’ve been in the residential sector for over 30 years. I’m known from Windsor to Oshawa and All the way through cottage country….

We laugh when we get customers like this…we aren’t laughing with you….
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I guess we can go pile a bunch of construction junk on ballroomblitz's driveway since they don't care.
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