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Property Damage Question?

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gschory

Guest
What is the name of your state? PA

Several days ago my townhome neighbor informed me that when I water-sealed my deck over 8 months ago, I inadvertantly sprayed water-seal on her Trex built deck causing spotting. I have cleaned the deck with a power-washer as a sign of good-faith. She does not feel that the job was adequate and has insisted I replace the $3000 deck or she will take me to court.

Does she have a case since she waited so long to inform me of the damages? Does she have to prove it was indeed my actions that caused the damage or can she safely assume it was my fault? What other issues are at stake here? Thanks!

gschory
 


BL

Senior Member
Small claims limitations are usually 1 yr., so yes She can file suit.

Well did you spray your deck ? Did it get on her deck and can't be cleaned ?

( have you checked with trex to see if it can & how ,safely ) ?

How BAD does it Look ?

If the neighbor files suit against you , you will need to know these things, in PROOF form , to lessen the Damages .

The Fact that you tried power washing their deck , gives the impression you did accidentally spray it.

I doubt you'd have to pay for the cost of replacing the deck.

Do some research,see if it can be safely cleaned with something.Offer to do it free ( you pay for everything).

If they refuse and it can be cleaned with something safely get 2 or 3 estimates for the Kind of deck, and estimated dimensions, for the cost to clean it. ( to the condition it was in at the time before you sprayed it ).

Tell your neighbor that's All your willing to pay . Average out the estimates.
 
G

gschory

Guest
Thanks for the info. I did water-seal my deck, yes. I can not be sure that I did indeed spray her deck. It is possible, but even I can not be sure since she did not bring it to my attention immediately. The appearance to neighbors deck is noticable. However, the stains in question do not exhibit water-sealed characteristics. They do not appear to cause water to bead at all.

I agreed to clean neighbors deck because she threatened to sue. The cleaning has improved the look significantly, but that seems to be a matter of opinion. She still wants to have the entire deck replaced at my expense. It seems to me she is using this problem to get a new deck. The Trex company does say that you can water-seal their products and paint them, so this opens up other options. Any other comments?
 
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BL

Senior Member
Also, try contacting your local Lumber Co., or a qualified Lumber Sales Co.

Ask them if there is a solution instead of replacement.

Another Question , How old/New is the Neighbor's deck ?

That would be a factor in the cost.

Is there any trees that may have caused SAP damage from leaves or any such Damage instead of your work ?

Be prepared If they File small claims. They will have to PROVE you Damaged It, and have Proof of cost & Estimates as well. (including If there were other solutions to replacement )

Get your Own Estimates & Cost from at least 2 sources .
 
G

gschory

Guest
Thanks again for your help. Last question. What about duty to mitigate damages, i.e., allowing so much time to pass before calling my attention to the problem and therfore making any such clean up extremely difficult. Does that play any factor in reaching a descision?

No, no trees and the deck is fairly new, but that doesn't mean that the stains occured because of my negligence. Could of come from any sort of cause.

Thanks again for all your help?
 

BL

Senior Member
In small claims it is up to the plaintiff to Prove ( more likely than not ), you damaged their Deck.

Example: You stained your deck, they seen you .
Example: They had an Estimate on the Damages. Estimate states it appears to be the same kind of stain you used.

Yes that would be a Question of why the neighbor waited so long, but it is still within the time limits to file small claims.
They have to prove it was your fault.

That is where you do your research and see where the Plaintiff could have mitigated the cost of damages ( IE: If it can be cleaned , if they attempted to get estimates, Etc ).

You take your documented Proofs to rebut theirs.

Example : They say there is Nothing that can be done except replacement:
You say, Your Honor I have proof there is something that can be done and how much it cost to fix.

Note: I did a little research. Do a search on Trex cleaning :
 

JETX

Senior Member
"Does she have a case since she waited so long to inform me of the damages?"
*** That would depend entirely on what 'proof' she could present to show that you were negligent or malicious in your coating YOUR deck AND that her deck was damaged due to your conduct.
BTW, there is no such thing as a "Small claims limitations are usually 1 yr". The SOL for a small claims action is set by statute and is the same for all courts. The SOL is more than 8 months. In PA, the SOL for a property damage claim is two years from the occurence.

"Does she have to prove it was indeed my actions that caused the damage or can she safely assume it was my fault?"
*** She would have to prove to the satisfaction of the court that you caused the damage, that you were negligent and the amount of damages suffered.

"What other issues are at stake here?"
*** See above.

My suggestions:
1) Contact 'Trex' and ask them if an 'overspray' of water-seal would cause permanent damage to their product. Also, if there are any recommended methods for removing the product. Their own website says that periodic treatment is necessary.
http://www.trex.com/

2) Request the following information from your neighbor:
a) When was the deck installed.
b) When/what maintenance has she done on the deck and by whom.

3) You might talk with a local Trex installer and see if they will come out and provide you with a review of the deck and estimated cost for 'repair'. Contractors can be found at their site.

Finally, if you have any obligation at all (and I doubt that you do), it would be to return the deck to its condition IMMEDIATELY prior to the 'damage'. That does NOT mean a full replacement. Oh, and one more thing.... you might contact YOUR insurance company and see if your homeowners policy might cover the situation.
 
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HomeGuru

Senior Member
Trex is not wood and certain chemicals may cause damage or permanent staining.
So as the other responders suggested, you should also be talking to the Trex people.
 

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