property damage caused by tree service

[camarokid]

florida, had tree service done they dropped a tree on my house as well as my neighbors, can I legally withhold 1000.00 from final payment to cover mine and my neighbors homeowners deductable. the tree service owner refuses to submit this through his business insurance.

 

[I AM ALWAYS LIABLE]

My response:

Go ahead and take the set-off. Let him sue you, and then you can bring your affirmative defense to his action on the ground that he caused you damages due to his negligence.

Just be aware that you are taking a risk of having a lien filed against you property, and your mortgagor is not going to like that very much. This could cause you more complications.

I would pay him, and then sue him. Let him know this is exactly what you intend to do, and then do it.

IAAL

[Edited by I AM ALWAYS LIABLE on 04-25-2001 at 09:55 PM]