Scottish transport chiefs offered a Perthshire homeowner thousands of pounds after water splashes from the A90 damaged his home.
But James Littlejohn would only have got the £3,500 if he agreed not to tell anyone about it.
He said the “gagging clause” was the final straw after years of fighting with Scottish Government agency Transport Scotland and road maintenance firm Bear Scotland over damage to his property.
Problems began two decades ago when the nearby Inchmichael flyover was built.
Since then, water has pooled on the edge of the busy A90 near his West Inchmicheal home, where James and his wife have lived for more than 30 years.
Passing traffic then causes the water to splash on to the stonework of the home.
After years of James trying to get authorities to solve the issue, lawyers on behalf of Transport Scotland offered James an “ex gratia” payment of £3.5k, but with the caveat the “agreement is confidential”.
How can rainwater damage a home?
More than 20 years of water splashing from puddles and hitting his wall has caused the stonework and cement to erode.
James forked out more than £7,000 to have the wall and windowsills redone in 2020.
However, there are still signs of damage.
James said: “There have been times we’re sitting in the living room and there’s an almighty thud.
“We’d look out of the window thinking there’d been an accident, but it was just the force of the water.
“There’s been a dramatic change in how much water is pooling and hitting the house since the flyover was built.”
James estimates traffic volume on the busy road has “more than doubled” since he moved there.
He added: “People might say it’s my own fault for living near such a busy road, but this house was built before the road was.
“I’ve been trying to get different authorities to take responsibility for this, but ultimately no one has.
“It’s like we’re an inconvenience to them.”
‘Gagging clause’
James said he would consider taking the £3.5k were it not for the confidentially clause.
“I’ve already spent more than that to repair the stonework. Even so, to add the confidentiality clause is an insult.
“Agreeing to it would also mean I’d be left to deal with this on my own in future.
“The problem isn’t solved, just because I’ve had the stonework repaired once.
“Until they do something to stop the water hitting my house, it is only a matter of time before repairs are needed again.”
‘Inappropriate to comment’
We reached out to both Transport Scotland and Bear Scotland for comment on James’ “gagging clause” complaint.
A Transport Scotland spokeswoman said: “We are aware of Mr Littlejohn’s complaint. Mr Littlejohn has appointed solicitors to deal with his complaint and the matter is being addressed via his solicitors.
“In the circumstances, it would be inappropriate to comment further.”
A Bear Scotland spokesman said their position “aligns with Transport Scotland”.
