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Neighbor's Contractor Damaged Our Property

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U

UTFM

Guest
NY. Six months ago our neighbors chimney contractor accidently lined half of our basement chimney and sent soot throughout our house and bricks falling down 2 of our 4 chimneys. Since that time we have been trying to get our neighbor to respond and professionally clean the damaged rooms and take responsibility for repairing the flues of the two chimneys that sustained damages. One chimney had half of its clay liners removed when the Chimney company attempted to line my neighbors chimney (ended up lining half of one of ours and half of one of our neighbors and then tried to tell me my flue wasn't mine). We had a professional video inspection and analysis done by a respected chimney company and was advised that we could make them put our chimney flue back to its original condition, but that it would be cheaper to just line the chimney now.

I asked our neighbor for his contractors insurance and was refused. I then suggested that neighbor get his insurance involved and was refused. I then got professional estimates that were rejected by our neighbor. He refuses to pay for more than one room and that does not cover damages to flues nor does it cover the real costs of soot removal in other areas. We have incurred the lose of 1/4 of our living area for over 7 months and numerous inspection costs that exceed $1000+. Since that time more things have gone wrong and continue to go wrong and all parties have had it....they with our complaints and us with their inaction and decision to not accept responsibility for their contractors actions.

I assume that the only option I have hear is legal. My extremely high insurance deductable rules out working through my insurance company. How do solve a problem such as this and how do we avoid more problems in the future? Can I stop him from doing more work on his property until this and other issues are resolved?
 


HomeGuru

Senior Member
UTFM said:
NY. Six months ago our neighbors chimney contractor accidently lined half of our basement chimney and sent soot throughout our house and bricks falling down 2 of our 4 chimneys. Since that time we have been trying to get our neighbor to respond and professionally clean the damaged rooms and take responsibility for repairing the flues of the two chimneys that sustained damages. One chimney had half of its clay liners removed when the Chimney company attempted to line my neighbors chimney (ended up lining half of one of ours and half of one of our neighbors and then tried to tell me my flue wasn't mine). We had a professional video inspection and analysis done by a respected chimney company and was advised that we could make them put our chimney flue back to its original condition, but that it would be cheaper to just line the chimney now.

I asked our neighbor for his contractors insurance and was refused. I then suggested that neighbor get his insurance involved and was refused. I then got professional estimates that were rejected by our neighbor. He refuses to pay for more than one room and that does not cover damages to flues nor does it cover the real costs of soot removal in other areas. We have incurred the lose of 1/4 of our living area for over 7 months and numerous inspection costs that exceed $1000+. Since that time more things have gone wrong and continue to go wrong and all parties have had it....they with our complaints and us with their inaction and decision to not accept responsibility for their contractors actions.

I assume that the only option I have hear is legal. My extremely high insurance deductable rules out working through my insurance company. How do solve a problem such as this and how do we avoid more problems in the future? Can I stop him from doing more work on his property until this and other issues are resolved?
**A: hire an attorney.
 

Rexlan

Senior Member
UTFM said:
NY. Six months ago our neighbors chimney contractor accidently lined half of our basement chimney and sent soot throughout our house and bricks falling down 2 of our 4 chimneys. Since that time we have been trying to get our neighbor to respond and professionally clean the damaged rooms and take responsibility for repairing the flues of the two chimneys that sustained damages. One chimney had half of its clay liners removed when the Chimney company attempted to line my neighbors chimney (ended up lining half of one of ours and half of one of our neighbors and then tried to tell me my flue wasn't mine). We had a professional video inspection and analysis done by a respected chimney company and was advised that we could make them put our chimney flue back to its original condition, but that it would be cheaper to just line the chimney now.

I asked our neighbor for his contractors insurance and was refused. I then suggested that neighbor get his insurance involved and was refused. I then got professional estimates that were rejected by our neighbor. He refuses to pay for more than one room and that does not cover damages to flues nor does it cover the real costs of soot removal in other areas. We have incurred the lose of 1/4 of our living area for over 7 months and numerous inspection costs that exceed $1000+. Since that time more things have gone wrong and continue to go wrong and all parties have had it....they with our complaints and us with their inaction and decision to not accept responsibility for their contractors actions.

I assume that the only option I have hear is legal. My extremely high insurance deductable rules out working through my insurance company. How do solve a problem such as this and how do we avoid more problems in the future? Can I stop him from doing more work on his property until this and other issues are resolved?
Problem with an atty is that win you win you actually loose.

Absolutely get your insurance involved. They will help you if you have an honest claim.

Lets assume you have all of this in writing and not chit chat. If not then step one is put it in writing and make a formal demand.

Probably in NY small claims will have a limit of $5-10K or more. It is quite simple to file an action and you do not need an atty.

Document all of your costs, and expenses. You are likely SOL on the loss of use issue and you have waited entirely too long as is.

The contractor is obligated to give you his insurance information by law. He may not have any. Contact the gov. for his licensing information and you fill find his carrier. Also, check the building permit for the work he performed and contact the issuing agency. You will find a lot of things there.

You neighbor is liable to you as the contractor is their agent. If your neighbor is being difficulty then you will need to treat them as unfriendly.

Beware that if you have a shallow claim and if you do not have all of your information organized and accurate, the court will not be receptive to your claim. Be prepared, thorough and most important, have everything documented.

Good luck
 

HomeGuru

Senior Member
Rexlan said:
Problem with an atty is that win you win you actually loose.


**A: Exlax, go back on the can. What the heck is win you win?
Are you trying to say, "when you win?" How much education do you have?
Can you spell?
 

Rexlan

Senior Member
HomeGuru said:
**A: Exlax, I see once again you're off the can.

Dang that's funny ... you are :cool:

Actually, you, especially you, are funnier than watching a monkey learning to use a tool for the first time ..... har, har, har :D

GTF away .......... bye

Oh BTW ..... the next letter is **B: ;)
 
Last edited:

Rexlan

Senior Member
HomeGuru said:
Rexlan said:
Problem with an atty is that win you win you actually loose.


**A: Exlax, go back on the can. What the heck is win you win?

Are you trying to say, "when you win?" How much education do you have?
Can you spell?

My good typing finger was busy waving to you and your brilliance so I made a mistake .... lol
Us locals call that digitizing .... :eek:

lol means, laugh out loud ... BTW

BTW means, by the way .... lol

Did someone turn your rock over ... lol

Get a life man ... you're killing yourself.
I'm outta here yall!
 

HomeGuru

Senior Member
Rexlan said:
My good typing finger was busy waving to you and your brilliance so I made a mistake .... lol
Us locals call that digitizing .... :eek:

lol means, laugh out loud ... BTW

BTW means, by the way .... lol

Did someone turn your rock over ... lol

Get a life man ... you're killing yourself.
I'm outta here yall!
**A: post id reference 779005.
 

Rexlan

Senior Member
HomeGuru said:
**A: post id reference 779005.

How much education you got ... any? ... week ten days?


BS ALERT:

Everyone knows the post id is not 779005
its 770905

Geez ... wat's ta mater mun .... lol

lol means lol oops, already told you that, ;)

You da man dude!
 

Rexlan

Senior Member
HomeGuru said:
**A: post id reference 779005.
I lost my password else I would report myself and then terminate my account.

You are so busy here that I probably won't ever see you again .... so have a nice time playing by yourself.

Bye, bye
 

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