QUESTION
What legal remedy should I pursue if a contractor who built a building next door to my home has not fully replaced a wall and fence on my property?
Asked on Apr 01st, 2014 on General Practice - New York
More details to this question:
I live in New York. The contractor took over the property next door to mine from another contractor who did not properly secure the foundation of the site. This resulted in damage to my wall and walkway. The present contractor has already replaced the wall and the walkway on my property, and the wall has metal poles in it to attach the fence. But it has been five months and the contractor has still not attached the fence, and is now claiming that he has money problems. I have a signed letter from the contractor wherein he states that he will replace the wall and the fence by November of 2013. What remedy do I pursue? Do I have to replace the fence first and then sue for the cost of the fence?
1 ANSWER
1 Award
You can sue the contractor and owner of the property that caused you damage due to failure to properly secure the wall. There may statute of limitation issue unless you can show a continuing trespass. You can also argue that the letter was a contract and sue the second contractor and owner on a breach of contract theory.
Answered on Apr 02nd, 2014 at 2:58 PM