Q&As

Where a builder working on property A causes damage to a neighbouring property, who is liable to the neighbour for that damage, the employer (who owns property A) or the builder?

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Produced in partnership with Abdul Jinadu of Keating Chambers
Published on: 21 June 2019
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If a builder causes physical damage to a neighbouring property then it is possible that both the Employer (who owns the property on which the builder is working) and the builder would be directly liable to the owner of the adjourning damaged property. The basis for such liability can be in Negligence, nuisance, disturbance of easements, or liability under the rule in Rylands v Fletcher which provides that a person who allows a dangerous element on their land which, if it escapes and Damages a neighbour, is liable on a strict liability basis—it is not necessary to prove negligence on the part of the landowner from which has escaped the dangerous substance (see Practice Note: Nuisance and the Rylands v Fletcher rule—common law liability for pollution).

Liability in negligence is established in respect of either the employer or the builder by demonstrating that either had a duty

Abdul Jinadu
Abdul Jinadu

Barrister, Keating Chambers

Abdul Jinadu was called to the Bar in 1995 and has been a practising barrister in Keating Chambers since 1996, specialising in construction, engineering and energy disputes, and domestic and international arbitration. His practice covers a wide spectrum of advisory work, drafting and advocacy, related to standard form and bespoke contracts; contractors’, sub-contractors’ and employers’ claims; and professional negligence claims (architects, engineers, surveyors and valuers). He has acted for the full spectrum of clients, including construction and engineering companies, government organisations, corporations, public utilities, local authorities, consultancies, architects and engineers. He has extensive experience in the Court of Appeal, appearing there without the benefit of leading counsel.

He has extensive experience of a wide range of disputes and advisory work relating to infrastructure projects. Significant cases have involved oil and gas facilities, pharmaceutical plants, hospitals, mining, marine construction and major projects at Canary Wharf, as well as local authority cases and other major construction projects.

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Jurisdiction(s):
United Kingdom
Key definition:
Employer definition
What does Employer mean?

Also known as the client or developer. The person for whom the works are undertaken under the contract'>building contract by the contractor. Sometimes, but not necessarily, the employer is the owner of the site.

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