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Topic
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Vic 42 units.
Owner carried out works in their garden, the landscaper incorrectly removing the irrigation system which caused significant leaks and cost to rectify.
The owner claims that they were unaware of the irrigation system and therefore not liable for the damage.
Is this a defence?
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The owner claims that they were unaware of the irrigation system and therefore not liable for the damage.
Liability usually needs negligence to establish it.
So was the lot owner negligent? Perhaps. Or perhaps the landscaper was negligent in which case the landscaper might be liable.
Either way, hopefully insurance, either the strata’s or the lot owner’s or the landscaper’s, will cover any damage.
If it’s covered by strata insurance that might be the first to try?
A few things come to mind, but first, a question:
Who owns the garden?
Is it the lot owner or is it the OC?
Liability usually needs negligence to establish it. So was the lot owner negligent? Perhaps. Or perhaps the landscaper was negligent in which case the landscaper might be liable.
The landscaper didn’t bother to ask what the irrigation system was for, or the lot owner didn’t bother to tell them. That sound pretty much like negligence to me.
On the other hand, as you say, the strata insurance might wear it. If not, bill the unit owner and let them chase the landscaper, if they are at fault.
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the landscaper incorrectly removing the irrigation system
I think we need clarification of what this actually means.
Eg Was it a lot only system or a common property system?
Eg what is “incorrectly”? That it was intentional but done a wrong way? Or was it unintentional?
And what exactly got removed? And what exactly was damaged by the leaks? Was it lot property(s), common property or both?
Establishing negligence is not always simple. In fact it’s often difficult. Good luck if the OC can or wants do it but it will need the OC, or its insurer, to actually establish it.