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Rebuilding behind our home... and now a problem...

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q4life

Member
What is the name of your state (only U.S. law)? NY

The home behind us was destroyed in a fire last year and they started rebuilding this summer. One of the contractor's employees backed into our fence and made a big hole in it.

My husband approached the contractor about it and he didnt seem concerned about the fence and said his employess are stupid and it would get fixed although he didnt say when. My husband took issue with his attitude about it and they soon got into a screaming match over it. The fight got as far as my husband pointing out that their port-o-pottie was sitting on our property outside of our fence and he asked him to move it. But the guy told him to f** off and get off the property period. Can he do this?

I am not sure what to do as our fence has not been fixed and the owners has told us to take this up with them.

Please advise. Thanks.
 


Mass_Shyster

Senior Member
the guy told him to f** off and get off the property period. Can he do this?
The contractor probably did not have the right to eject your husband from the property. Nevertheless, your husband was trespassing.
I am not sure what to do as our fence has not been fixed and the owners has told us to take this up with them.
Let your neighbor know that if the contractor does not repair the fence, you will hold them liable for it. If it doesn't get fixed, send demand letters to both the contractor and the neighbor, and name both in a small claims suit if necessary.

As for the port-o-pottie, call the number on the side and tell them that they left a port-o-pottie on your property and you want it removed. I doubt it belongs to the contractor.
 

Dave1952

Senior Member
I'm not sure I follow the ins and outs of this but essentially your fence was damaged by some guy. Instead of getting this guy's insurance info you are hoping to sue the guy's boss. How is the boss liable? Why aren't you suing the guy?

Good luck
 

justalayman

Senior Member
I'm not sure I follow the ins and outs of this but essentially your fence was damaged by some guy. Instead of getting this guy's insurance info you are hoping to sue the guy's boss. How is the boss liable? Why aren't you suing the guy?

Good luck
because the guy was on the job so the contractor is liable for damages caused by their employees in situations such as this. It's likely the boss has more money anyway.
 

Dave1952

Senior Member
The OP did not say that the guy was working, or driving a company truck. All she said was that the guy backed into the fence. He could have done that while parking his car before showing up for work. And, of course, he might be a sub-contractor, not an employee.
I do not think that the OP will get good advice over the internet since I doubt the "details" of her story. Understand here that my doubt is not about her honesty but about her competence to tell us the important details.
The OP's story does not supply enough detail to tell what has really happened. The OP does not seem to have contacted her insurance agent for help or advice, or filed a claim against anybody (driver, contractor, home owner). I think the OP should speak with her insurance agent. Hopefully in a conversation she will asked and will answer questions necessary to figure out what's going on.
The "ins and outs" of her post leave me puzzled.

Good luck
 

justalayman

Senior Member
Dave1952;2696918]The OP did not say that the guy was working, or driving a company truck. All she said was that the guy backed into the fence.
Dave, do they have to spell it out for you. This is what the OP stated:

My husband approached the contractor about it and he didnt seem concerned about the fence and said his employess are stupid and it would get fixed although he didnt say when.
It really isn't a stretch to presume that since the husband addressed the boss and the boss didn't say: gtf outta here. He wasn't on my time when it happened. Take it up with him.




. And, of course, he might be a sub-contractor, not an employee.
and you think the GC doesn't bear liability for his sub's? In effect, a sub becomes the GC's employee.


I do not think that the OP will get good advice over the internet since I doubt the "details" of her story. Understand here that my doubt is not about her honesty but about her competence to tell us the important details.
The OP's story does not supply enough detail to tell what has really happened.
and I disagree

The OP does not seem to have contacted her insurance agent for help or advice, or filed a claim against anybody (driver, contractor, home owner).
why should she contact her insurance? I know I wouldn't. I would first; contact the person that did the damage, then second, the GC, third, the police, fourth, the owner of the property the work is being performed on.

I think the OP should speak with her insurance agent.
I see no reason to involve anybody's insurance company.


The "ins and outs" of her post leave me puzzled.
slow down and read it again. It is actually quite complete. They just need their next step/
 

Dave1952

Senior Member
I don't recommend that she contact her insurance company to file a claim but to try and get some free advice from someone who deals with situations like this. Hopefully her agent can ask a few questions and figure out who the OP should consider suing over this event, get a few estimates et c. Right now these folks are playing "port a potty" games instead of being rational.
I think her best bet, rather than wait around, is to get 3 estimates, fix the fence, send out a demand of payment, and then head to small claims court (I'm guessing the repair will be less than $2000).
But she's not told us what happened. Does she have a witness to the accident? Does she have the name of the guy who damaged the fence? Or does she just have a big hole in her fence and no idea what happened?

Good luck
 

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