VIC Is the principal contractor responsible for subcontractor's work

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VICGG

Member
9 June 2020
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Hello,

I have recently bought a land directly from the estate developer in an upcoming estate with lot of construction work happening around and people dump their rubbish at other's vacant land. The estate developer cleaned the land of all rubbish before the handover and I got temp fence installed at my land to discourage people from illegally dumping rubbish.

Recently, construction work started at my neighboring land. Workers from that land have moved my fence/damaged it to access the neighboring work place without my permission. Also, they have dumped some construction materials in my land (like concrete and wooden planks). Also, since the fence was moved and there was free access to my site, someone has dumped a load of cladding material. I have been talking to the construction manager of the neighboring land, who has accepted that his workers have moved the fence. However, he is not ready to get all of the rubbish cleaned from my land, as he says that the cladding material was not dumped by his workers. I have photos of his workers moving the fence and accessing my land, but not the photos of them dumping.

The construction manager says he is not responsible for his subcontractors moving the fence and (possibly) outsiders dumping the cladding material. I have tried to contact my local council, who said the dumping is in a private property and asked me to contact Dispute settlement centre.

Can any lawyers please advise what are the courses of action for me? Thanks in advance.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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1. The contractor is generally responsible for the actions of his sub-contractors, so he is responsible for them having removed the fence and dumping the initial rubbish.

2. The contractor is not responsible for the cladding (if his subcontractors didn't do it - that's debatable). It would appear someone else has been opportunistic in dumping their rubbish as well. That's too remote from the actions of the sub-contractors to pin it on them or the contractor.

I'm not familiar with Victorian processes for dispute resolution, but I'll leave that for the Victorian practitioners on this forum.
 
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Tim W

Lawyer
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28 April 2014
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...in an upcoming estate ....
Is your lot actually registered yet?
I ask because it's pretty hard to act for trespass, or illegal dumping, or even encroachment,
in respect of a lot that does not yet exist.
 

VICGG

Member
9 June 2020
3
0
1
Is your lot actually registered yet?
I ask because it's pretty hard to act for trespass, or illegal dumping, or even encroachment,
in respect of a lot that does not yet exist.

Yes, my lot is registered and I am the owner.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,249
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Sydney
How much of a fight do you want to pick here?