Neighbors Contractor, My Problem

DavidC

First understand that I will seek the advice of my attorney before doing anything rash. I am curious how you guys would handle it.

The neighbor hired a local hack to install footer drains and waterproof his basement. He needed to drain to daylight and clean up some fill and rubble piles along the property lines. I have no idea what the actual specs of the job or any arrangements between the 2 parties.

My property abutts on one side and the rear of the neighbors and there was a livestock fence along those lines along with some overgrowth (brush, saplings, etc.). I volunteered that it would be alright to run his drain under my fence if he needed to for proper pitching.

So I come home form work one day and 75% of the fence line is "cleaned up", as a neighborly gesture according to the contractor. During the process he cleaned up the fill and rubble by pushing it over the property line. My side of the fence is lower as it slopes towards a creek, so he was saving the cost of trucking the crap out of there by cleaning up "for me" and removing my fence.

I exploded, demanded that my fence be restored and the property cleaned up. And don't do anymore neighborly gestures. The contractor assured me that he was sorry, intended to do me a favor and would clean it all up. He has returned the fence posts on the side line but has yet to address anything on the back line and continusely assures me that he will take care of it and make me happy.

This has gone on for over 4 weeks. From calling him constantly I have heard all about his ill health, his old age, his poor state of economy and he will get to it as soon as we sit down and I tell him exactly what I want him to do. Now his rented equipment has been returned (left the day my fence disappeared) and he doesn't have the money to rent it again.

I've called the neighbor today and asked him to boot his a$$ and get him in gear. The neighbor apologized profusely. He is seldom home and had no idea that we hadn't settle yet, leaving me and the hack to work it out. He says he'll talk to him but I don't expect results.

I think the guy underbid the job to begin with and was trying to cut corners to make something on the project. That's based on his local reputation, not any facts. Yesterday and today we've gotten over foot of snow. That will be his next excuse.

Unfortunately I believe a call to the attorney is in my near future. Didn't mean to go on so long but it's good to get it out. Thanks for that guys.

Good Luck
Dave

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LNG24

forget the attorney, call the city/town and get a stop work order issued asap. Then it will have to be rectified or the owner of the house pays a fine.

mattp

I would have my attorney send him a letter stating that if fence isnt restored in x amount of days you will take legal action.

ChrWright

I agree--check into the local permitting dept (county, city, etc.)

Was a drainage permit required/pulled?

I'd start making noise about investigating further on both the neighbor and the contractor to "explore your options"... GL insurance, licensing, permits, etc. followed up by legal action.

Nothing personal, but if a face to face hasn't given you any satisfaction, you'll have to ratchet up the pressure until you get some action.

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gregj

I have a feeling you aren't going to be able to get this guy to do any more and you won't be able to get a dime out of him. Your probably as far ahead in this as you are going to be and anything you spend on an attorney will just put you further in the hole. I hope I'm wrong.

DavidC

Well I checked with my buds at code enforcement this morning. No permit required. I'll check with the attorney for suggestions but think gregj is pretty much spot on.

On one hand I'd rather clean it up myself than start a rift with the neighbor. We've been freinds since high school. On the other, I'm just as apt tp plant a row of fast growing trees on my side of the fence and block his view of the river while I'm at it.

Somehow I can even manage a little empathy for the hack. I'm just that certain that he underbid the job and it's costing him to finish without throwing in this hassel. That is balanced with incredulity, the idea that he would remove a fence without talking to someone.

Good Luck
Dave

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cexcavation

If it was an honest mistake, then an honest person would be eager to make it right. If money were the issue, then I am sure a trade for labor could be made. Putting myself in that situation as an excavator, I would explain myself and apologize for the misunderstanding, but ultimately rectify the situation in the fairest way possible. I am guessing your fence wasn't the best fence to start with?? The logical solution seems to be that the contractor should at least pay what the fence was worth in it's previous condition. Put that towards the new supplies and help you with the manual labor of installation. Kicking in a couple hundred bucks and a long days work seems fair on both sides. He shouldn't have to pay for a high dollar fence, but you shouldn't have to eat the value of the fence he tore out, and be forced to install it all by yourself I think the problem with people avoiding their mistakes is that all too often, people end up wanting a Porsche to replace the Subaru that was damaged. Offer the guy a reasonable solution and see what happens....if he still doesn't make it right, then at least you know who you are dealing with. Good Luck!!

DavidC

I like your thinking on the matter. I am certain it was an honest mistake and no the fence was nothing special. Livestock fencing over barb wire on cedar post. The biggest value to me is that it establishes a visible property line and helps me retain my farm zoning in an expanding residential 'hood. The fence line that he did re-establish on the side was just a row of steel post driven in about 12' o.c.. I'll take it from there and that's fine with me. I'd accept the same on the back but want the debris completely removed.

My main frustration with the man is all the promises of action and then nothing. When I ask when, he says we need to discuss exactly what I want him to do. Then I tell him, then he agrees, I wait a week and call him again. It's a circle circus.

Thanks for your thoughts, to bad it wasn't you. We'd be done by now. I like to think I would handle it as you described.

Good Luck
Dave

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DavidC

I made my weekly call to the the neighbors contractor yesterday. He tells me he is done with the job and left some $$ with the HO to assure that he would take care of the issues. When pressed for an actual date he tells me about the weather, the expense and his health. I explained how I would handle it if it was my company, he agrees that sounds like a good plan. Great, when will I see you, weather permiting? I'll come by in a couple of days and look it over, then call you a day ahead of time so we can meet.

So last night the neighbor comes over and offers me a few hundred bucks to resolve the issue of the crap being pushed onto my property. We are good freinds for longer than we've been neighbors so I accepted. I'll rent a teramite and can replace the debris on his side of the line where he will deal with it later, his suggestion.

My plan is to call the hack one more time to see if I can get him to replace the fence posts, but I don't expect anything from him. Life goes on.

Good Luck
Dave

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Jason Whipple

The "Contractor" has no GL insurance?

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Jason E Whipple, General Manager
Historic House Restoration, Cincinnati, Ohio
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DavidC

He may have GL, I don't know. Don't think insurance would cover incompetence anyway. I would bet dollars to doughnuts that his employees are "subs" paid in cash.

Good Luck
Dave

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Jason Whipple

It should cover property damage for any reason.

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boman47k

I've been watching this thread, glad you got it worked out. I think I would think about putting the debri as far away from my house and/or shop as possible. He me remove it in a timely manner, but if left long enough, my concern would be snakes. Maybe I need to quit watching so much tv.