if a contractor digs a hole in road who is responsible him or loacal councle?

Question

both the contractors say it was not them and the councle say it was one or the other but cant say exactly wich one i said they should pay for damage to my car who is responsible

Answer 1

When a contractor digs up the highway normally on behalf of one of the public utilities they have to serve a notice to the council (highway authority) under the new road and street works act giving details of the work. The council should be able to give you the information as to who the public utility was, sue them for the damage if you feel they were at fault and they will pass the claim onto their contractor who has to indemnify them against such claims. The only time they may not be able to give you this information is when 2 companies have dug up the same bit of road very close together in date and time as the information they hold might not be detailed enough to decide which one.

The council are responsible for the highway but only in so far as what can be considered reasonable and if they inspect the road regularly and where not aware of the problem that caused your damage because it wasnt there on their last inspection you will be unlikely to be successful in sueing them as they can demonstarte reasonable care which is all that is required of them under the 1980 highways act.

Answer 2

I am in the construction business, doing some small time private work but ALOT of highway work. The contractor is required to have permits of some kind, permission or atleast some sort of authorization.

Go ahead and take pictures of the damage, a few estimates from a mechanic and then send them into your local government office. If you get no compensation for the damage, you should go ahead and take them to court. I'm sure you will be able to get all the money it will take to get your vehicle fixed.... GOOD LUCK!

Answer 3

The works would have been commissioned by the Council to an approved street licence contractor. As part of the street licence the contractor must follow a series of guidelines - inc. putting up proper edge protection to prevent accidents.

Both are liable and if went to court would be joint defendants, many many many legal web sites falling over themselves to offer you advice................

Answer 4

I would say both coz the contractor had to have permission to dig the hole in the first place,go for both and let a judge decide

Answer 5

If you have driven your car down a hole dug by a contractor and try to claim their briefs are going to counter claim saying you were driving without due care and attention!
You can get points for that!
If they had the correct warnings and barriers or cones up you will loose!

Answer 6

It doesn't matter who dug it. Ultimately the town is responsible. Get 3 estimates and submit it to your town. If they fail to pay go after them in small claims court. MAKE SURE YOU HAVE PICTURES & ESTIMATES. Your town needs to go after the contractor. You too can go after the contractor in small claims court.

Answer 7

If the contractor damaged it they pay !!

Answer 8

Sue them both in the small claims court