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  1. #1
    machit is offline Junior Member
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    Am I liable for contractor's damages to neighbor's property?

    What is the name of your state? New York
    When we decided to re-do our driveway cement, we found out that our neighbor's pavers crossed our property line by half a brick. My neighbor agree that my contractor can remove them. After removing pavers and laying down cement. The contractor did not put any cement under the pavers and there were gaps in the pavers that were removed and put back. The contractor also smear some cement on top of the pavers in the process of laying down cement for my driveway. He try to cleanup but did a bad job. Now, my neighbor wants their own contractor to fix the pavers. Am I liable for the cost of fixing my neighbor's pavers or the contractor should pay for it? I felt that since my neighbor's pavers cross my property, they should've pay for the paver removal in the first place. I do understand that the contractor was at fault for smearing cement on my neighbor's pavers. The contractor did indicated that after he removed the pavers that we will not even notice that it was touched and I informed him at least 3 times to make sure that he should left the pavers the way it was before he touched them. Any advice is appreciated.
    Last edited by machit; 11-22-2005 at 11:11 PM.
  2. #2
    seniorjudge is offline Senior Member
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    If, in fact, the neighbor is trespassing on you, give bad neighbor the choice of fixing the pavers however he wants them at his own expense OR removing them altogether at his own expense.
    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    machit is offline Junior Member
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    My house survey did show that his pavers crossed my property by about 5 inches. Since my contractor has already worked on his pavers, I'd like to know am I liable for the cost of fixing his pavers or my contractor, or he has to pay his share as well. Thanks for the reply.
  4. #4
    seniorjudge is offline Senior Member
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    Quote Originally Posted by machit
    My house survey did show that his pavers crossed my property by about 5 inches. Since my contractor has already worked on his pavers, I'd like to know am I liable for the cost of fixing his pavers or my contractor, or he has to pay his share as well. Thanks for the reply.
    If anyone is found liable, then you will have the ultimate responsibility since you hired the contractor. Of course, if the neighbor got a judgment against you, then you could sue the contractor and get a judgment against him. However, you are going to be liable to the neighbor.

    But re-read my prior post: your neighbor is trespassing and doesn't have a leg to stand on (in my never to be humble opinion).

    Stand by for other opinions.
    There are two rules for success:

    (1) Never tell everything you know.

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