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Neighbor suing for damages

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K

Kelstone

Guest
Neighbor threatens to sue for damages

What is the name of your state? California

A homeowner has their fence sprayed with stain. The person doing the work is not licensed. Wind causes the stain to go over the neighbors fence and stains some bricks on a retaining wall. The neighbor insists that the damage be cleaned right then and there. Not knowing how to clean stain, the person uses TSP (a chemical used by painters to clean paint spills). This causes some of the bricks to be discolored. She also claims that the person cleaning up the stains broke two bricks. It looked like they were cracks from settlement. The people responsible for the damage wants to get this fixed for the neighbor and is willing with in reasonable terms to fix the damage they caused. Pictures were taken of the damage (very minimal damage done). A verbal agreement was made between the two parties that the responsible party would have an experienced masonry/concrete worker replace the damaged bricks and would pay them directly. When the worker called the neighbor to set up a time and date to come over, she told him that she was going to have someone fix it and just bill the responsible party.

1. Shouldn't there be an agreement between the two parties before any work is done?

2. Who is to say that the people she has doing the work will charge as much as she wants so that the responsible party will have to pay more than it is worth?

3. Can she break a "verbal" agreement and still expect the homeowner to pay?
 
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L

loku

Guest
SHOULDN'T THERE BE AN AGREEMENT BETWEEN THE TWO PARTIES BEFORE ANY WORK IS DONE?
It certainly works better when there is an agreement prior to the work being done. However, the injured party has no duty to make such an agreement. The party causing the damage is liable for the reasonable costs of repair. That may or may not be what is actually charged. It then becomes a matter of evidence.

2. WHO IS TO SAY THAT THE PEOPLE SHE HAS DOING THE WORK WILL CHARGE AS MUCH AS SHE WANTS SO THAT THE RESPONSIBLE PARTY WILL HAVE TO PAY MORE THAN IT IS WORTH?
See my answer to “1,” above.

3. CAN SHE BREAK A "VERBAL" AGREEMENT AND STILL EXPECT THE HOMEOWNER TO PAY?
A verbal agreement is legally binding; however, it is sometimes difficult to prove there was such an agreement and what it was.
 

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