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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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The demolition people damaged a Telstra cable. I supplied

Customer Question

Hi, the demolition people damaged a Telstra cable. I supplied them with all DBYD plans but the workers had no idea, they just turned up to work.
JA: Thanks. Can you give me any more details about your issue?
Customer: the cable is very close to ground level and not a the required depth. Cheers harry
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Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.

DBYD plan?

Are you asking to see if you can claim compensation?

Customer: replied 6 months ago.
Hi Leon, The cable was just below the surface of the ground and not at the specified depth which is part the problem. I am the owner of the property where the demolition took place. I don't feel I should have to pay the Telstra repair bill. The Telstra guy said I'd be sent the bill not the demolition people. I didn't check the DBYD plans but assumed they should/would.
Cheers Harry
Expert:  Leon replied 6 months ago.

Good Evening

They are liable for the damage to the cable.

Are you the owner builder or did you enter contract for them to do it all?

You provided them with the plans and they showed the location of the cable?

Customer: replied 6 months ago.
I am an Owner builder and did sign a contract but it doesn't mention that I'm liable for damages.
I just sent the plans and never gave it a second thought.
I assumed they would look at them, silly me.
Expert:  Leon replied 6 months ago.

Good Evening

If you did everything that you had to do including provide them with details of the depth of the cable and they have failed to follow it then they are liable.

If the document you provided is incorrect because the company misinformed you then the cable company is liable for the repair at their cost.

But you are not liable.
It is either the demolition company or the cable company if there is an error on the document you were given.

I hope this makes sense?

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