NSW Damage to common property by tradesperson

[Jim Slaven]

An Owner from my SP engaged with a tradesperson to work on her individual property. The tradesperson caused significant damage to a common property door, ending with it having to be totally replaced, it was beyond repair.

The tradesperson refused to accept responsibilty & fled. The owner advises it's common property, so bad luck, O/C has to pay.

The matter was eventually "settled" via the O/C's Insurer. Did not even get to the tradesperson's insurer. O/C was duly charged Excess plus an increase in next years Excess for lodging the claim.

Question:
Does the broader O/C have cause for recourse against the owner, given she was the one and only one of the OC that made the decsion to bring the tradesperson to our complex in the first place?

Noting- whilst we have no CCTV equipment, we have gathered at least 3 written statements from witnesses (residents) who were prresent on the day, prepared to certify the door was smashed and damaged on the day in question, by the tradesperson concerned.

Many Thnx

JS

 

[Docupedia]

The lot owner brought the tradesperson in. The body corporate didn't engage the tradesperson. To the body corporate, that tradesperson is essentially no different to anyone else who comes into the scheme.

I'd be looking at your by-laws around the liability of owners for their invitees, and then approaching the owner on the basis of it being their invitee who caused damage to common property.

 

[Riggsle]

Have you considered getting a legal opinion from a property damage lawyer to explore the possibility of recovering the costs from the owner?

 

[LostEcho]

I know this is an older post, but I wanted to share some thoughts. I can see how frustrating that situation must be for the O/C, especially when it's one person's decision that ended up causing this issue for everyone. From what I gather, since the tradesperson caused the damage and fled, it's not uncommon for the owner who hired them to be held accountable. It seems like the O/C may have some grounds to seek recourse from the owner, especially considering they were the one responsible for bringing the tradesperson onto the property.

A similar situation happened with a friend of mine where a contractor caused damage to a shared space in an apartment complex. They ended up consulting a property damage lawyer montgomery who helped them navigate whether they could recover the costs from the person who hired the contractor. In the end, they were able to get a fair settlement, though it took some time. Having those written witness statements should really help your case.