What is the name of your state? OH
I hired a private individual to build a fence on the recommendation of a guy who was recommended by my real estate agent (confused?). He built the fence and was paid $5000 by the ReLo company that I bought the house from; the $5000 was written into the contract for the house.
To make a long story short, over half the fence is lying on the ground. This is the second time this has happened. The builder promises to fix it, but last time he just propped it up and tied a cable around it. I had a company come and look at it and they said every post needs to be pulled up and buried deeper (about 1.5-2 ft deeper!). The repair will likely cost another $5000.
I know the guy who built this fence won't have $5000 handy, how will the court make him pay me if I sue him? Is it worth it? Should I just sue for $3000 in small claims court and absorb the rest?
I hired a private individual to build a fence on the recommendation of a guy who was recommended by my real estate agent (confused?). He built the fence and was paid $5000 by the ReLo company that I bought the house from; the $5000 was written into the contract for the house.
To make a long story short, over half the fence is lying on the ground. This is the second time this has happened. The builder promises to fix it, but last time he just propped it up and tied a cable around it. I had a company come and look at it and they said every post needs to be pulled up and buried deeper (about 1.5-2 ft deeper!). The repair will likely cost another $5000.
I know the guy who built this fence won't have $5000 handy, how will the court make him pay me if I sue him? Is it worth it? Should I just sue for $3000 in small claims court and absorb the rest?