Condo retaining wall falling in my yard again

[Kitainclaws]

What is the name of your state? Texas
We had some condos built next door and the 20 foot retaining wall seperating the properties between us is falling. The contractor NEEDS access of our backyard to be able to stabilize the wall. This wall has already fallen once 3 years ago. We let them have access to the yard last time w/out receiving any financial compensation or landscaping when they finished the project. We tried to sue them, but 2 weeks before the statute of limitations ran out our "wonderful" lawyer wrote to us and said we were sueing the wrong people, and if we wanted to go further to send another check. the case was dropped and now here we are again in the same situation 3 years later. They want to compensate us 500 dollars and they say they need our yard for around 90 days. This is a CRAZY offer for all the problems and headache we incur with this huge construction project. Can someone please help, we do not want to be taken advantage of again.

 

[Some Random Guy]

They offered you $500. What figure do you think is appropriate? Loss of use of yard for 90 days, presumably during summer months when you are most likely to use the yard. Loss of privacy due to numerous contractors on your property, etc. Be sure to make sure you have enough padding in there to cover the cost of your first lawyer's retainer and your new lawyer who will review the written contract with the condo owner and contractor.

Make them sign something saying that all workers are fully covered by the contractor's insurance and that they will compensate you for any legal bills due to accidents and injuriues on your property.

Also, the wall needed to be repaired shortly after the condos were built, and then it needs to be repaired 3 years later - major repairs taking 90 days to complete? This sounds like either incompetence or a severe structural problem. Have them explain, in writing, what the problem with the retaining wall was (both times it failed) and explain what measures they are taking to ensure that their wall will not fail again, causing damages to your property and anyone standing near the wall.

 

[John Se]

Get the plans for this "repair"

get the plans, this will tell you what is really going on.

 

[Kitainclaws]

Thanx some random guy

Texas
Thanx for at least responding. We are so nervous about this outcome. The guy came last night and we told them we wanted 100 a day , he is gonna try and get us that per "working day" which we will have to negotiate down to, I guess. The machinery will stay on our property. I told him 500 dollars for them to do some soil test which entails 25 feet deep hole, and he can do that this week. He also will be doing a couple of odd jobs from the 1st mess that were never taken care of as promised. Wish us luck...Thanx again, Kitainclaws