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Concrete Tile Dust saga .... time to get tough?

Discussion in 'General Mercedes-Benz Related Discussion' started by Submariner1, Jul 10, 2018.

  1. Submariner1

    Submariner1 Senior Member

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    initially the contractor said no problem, “just get it detailed and send me the bill”

    When I got some verbal quotes , awaiting written ones, I told him of the sort of numbers I was getting etc. And he said “Oh thats more than I expected”.

    On legal advice I took it to 3 places to get quotes not just picture based ones etc.
    Again verbally I relayed them to him, and said as soon as the written quotes came in I would forward them to him.
    He said “OK I will think about it over the weekend”

    ... my gut feeling, that is rarely wrong ... alarm bells ringing ... Yes, he will be nice as long as it doesnt cost him money.

    So I sent him the cost options and 6 Quotes last Wednesday by email delivery and read reciept options ticked.
    No response, so he manually refused the confirmations!
    Oddly I was preferring the cheapest quote.

    So I resent them saying I had not recieved a reply and time was of the essence.

    I got a reply “ thanks for the quotes, I will discuss it with my other Director and get back to you in due course!”

    Anyway we had a glorious 3 days of sunshine, so the majority was spent on the patio.
    Like the car, the patio, as the wind blew ... everything got covered in fine dust!

    Then I noticed my nose felt a little raw, a bit like the start if a sore throat.

    So I rang Health and Safety, ......
    Oh boy he is in deep ****!
    Apparrently there is a high content of Silica in these tiles, that causes Silcosis, and its been illegal since 2012 to cut or grind them without Water dust control, or alternative methods, that the contractor must prove is as efficient as water cutting.
    And they must be cut at ground level, never roof level to minimise expose!

    Er they are pressing me for the address and want to do a site visit.
    Apparently he will be fined by
    1. Environmental Health and Safety for damage and exposure of an individual, and causing damage to property.
    and also seperately fined by
    2. Health and Safety for not controlling a site per the regulations
    And they will order him to clean up the site.

    I jokingly said ... huh he wont do that.
    The guy at H & S said yep last month we had one of those, so we went in and did it for him and sent him the bill.

    So he has 2 days to agree and pay!

    “Whats that Phase ... ignorance is bliss! :):)
     
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  2. mancman

    mancman Senior Member

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    Take him to the cleaners, no pun intended.
     
  3. Capra

    Capra Senior Member

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    That's why I thought environmental health was your best option, this is the same for noisy neighbours, not because you don't like sonetsome noise and mess but, because the issue is bad for health, they jump on that like a ton of bricks.
    Builders hate paying out for anything, some don't always have the correct insurance either! They'll also BS you until you've had enough and go away.
    Hopefully he gets suied. Talk to his other Director, doubt he even exists, he's probably just a sole trader!
     
  4. peterws1957

    peterws1957 Senior Member

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    Yep Local Authority Environmental Health departments are very hot on this stuff. Probably the only LA dept that you can get any sense out of.
     
  5. Westheath

    Westheath Senior Member

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    You may find a nice pile of bricks on/in your vehicle if the builder is anything like the ones I know
     
  6. KennyN

    KennyN Senior Member

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    It wont take Einstein to work out who dropped him in it with the local authorities , then a bit of dust on your car may be the least of your concerns so tread carefully.

    Kenny
     
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  7. Wighty

    Wighty Senior Member

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    Maybe worth getting a discreet home camera in case the above posts are possible
     
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  8. peterws1957

    peterws1957 Senior Member

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    ^^This exactly Sub. You don't know who you are dealing with sometimes. Sad but true.
     
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  9. Crispian

    Crispian Senior Member

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    Unfortunately camera's won't stop bricks or scaffold bars going through a windscreen.....

    My house is covered with them,when I caught some hooded scrote trying to nick my Ml a couple of years ago,old bill weren't interested:(
     
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  10. Capra

    Capra Senior Member

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    Yeah, but having cameras will not hurt, and it will not be difficult to find out who it was. My advice would be to park the car elsewhere until this has has blown over. Hopefully the builder is not that stupid. Has anything been said to the owner who the builder is working for?
    Just sounds like "don't upset the bully in the playground.
     
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  11. Wighty

    Wighty Senior Member

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    They won't , but they may catch the act on camera , I was thinking more as a back up to an insurance on house or car .
     
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  12. OP
    Submariner1

    Submariner1 Senior Member

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    Thanks for the warning comments, very valid.

    Anyway its hopefully all sorted.
    The builder is transferring £700 for me to sort the car.

    And he has agreed:
    1. All future cuts to be wet cut
    2. Agreed to warn me to move my car if any dusty work
    3. He will wash down, the neighbours roof, and started last night and will repeat again just before the scaffolding is removed, and wash the walls and my neighbours drive.
    4. Also once the site is finished circa 8 working Days:-
    To power wash down the path ways of neighbours, and the side of my house and my driveway. (could just about take 6 S Classes, nose to tail ... in reality with manouverbility four S Classes ... so a lot of washing .. and then let any residue dry off in the dipped part, and brush up, and repeat the cycle again).

    So imo, as he started washing down the roof last night, actions speaking louder than words, he is trying.

    In light of that, I got my Complaint to HSE put into suspension. I.e. no action taken, unless I recontact them and say he has not kept his word.

    It was tough holding them off!
    They want to prosecute, but saw my points
    - he has learnt his lesson
    - he is trying his best
    - he has paid the compensation for the damage.
    - retains good neighbourly relations
    - is pragmatic! I.e. if he is hammered by HSE he is highly likely to get ****ed off, and try and take shortcuts. As I cant really be watching every single thing he does regarding the clean up.
    - is the reasonable thing to do
    - to win their case, HSE need me to carry it through.
    ... and avoids potential reprisals, that could come from Subcontractors , who might be penalised.

    Well aware of the rougher elements, such as Driveway Pikies!, Scaffolders etc. .... dont need to find Chucky (the cat) nailed to my front door ... well it happens :( ... as some of them live on a different planet.

    So all in all a reasonable result.

    The slight negative is, until the scaffolding is removed one cant practically remove the toxic dust. So washing my driveway would be wasted labour.
    Imo better to do the job really thoroughly, once the area is cleared.

    And the inconveneince of having to wash the car say 7 more times is sort of mitigated by the fact that in the package, I get a Water filter, and a good Snow foam lance which should make it less arduous.
     
    Last edited: Jul 12, 2018
  13. Craiglxviii

    Craiglxviii Senior Member

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    Fingers crossed for you Peter. Hope you get that cack off your car and no damage done.
     
  14. John Laidlaw

    John Laidlaw Senior Member

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    As above Peter- sounds like a good compromise has been reached and if he follows through sounds like he’s the decent sort. He did offer in the first place so I guess this is an extension of that initial offer
     
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  15. AJD

    AJD Senior Member

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    Lets not generalise. My next door neighbour is a builder. A year or two back he just touched my front bumper with the step on the rear of his van. The first I knew of it was there was a knock on the front door. I opened the door and there stood Richard, "I am sorry but I have just reversed into your car, better come and have a look". :(

    When I looked there was a tiny mark no bigger than a normal stone chip, "Oh" I said, "I'll just touch that in, no problem. Thanks anyway for letting me know". The following day he bought round a bottle of wine to placate me. Maybe it was because he was a neighbour, I don't know, but he needn't have told me and I would never have known. He, like many of them out there are pretty decent people like you and me. :)
     
    Last edited: Jul 12, 2018
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  16. Capra

    Capra Senior Member

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    Probably best outcome, hopefully he's this accomodating to everyone else.
     
  17. Craiglxviii

    Craiglxviii Senior Member

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    Yes, but that’s only because he’d seen you polishing your guillotine collection the week before :D :D
     
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  18. John Laidlaw

    John Laidlaw Senior Member

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    They’re always worried and/or jealous when you’ve a big chopper :rolleyes:
     
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  19. Gkinghorn

    Gkinghorn Senior Member

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    Seems like a very good result to me .... has he been reading this forum thread?


    Sent from my iPad using Tapatalk
     
  20. Westheath

    Westheath Senior Member

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    I wasn't generalizing, I was stating the builders I know, through my customer base in my area.
    .
     
    Last edited: Jul 13, 2018

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