Neighbor Hires Unlicensed Contractor,Damages My House,Refuses to Identify Contractor

[Johncup]

State: Maryland

My neighbor hires a family friend (let’s call him a “contractor” for a minute) to mow his lawn. The contractor uses a commercial mower. The same contractor has been mowing my neighbors lawn for years with the same commercial mower. Recently the “contractor” hit something in my neighbors yard and caused a large dent in my aluminum siding. Our houses are back to back.

After the contractor hit the object in the yard, he jumped off the mower and immediately ran over to my house because he thought the object hit someone. After the first minute of realizing what happened, I asked the contractor what insurance company he used. He stated he didn’t have any insurance and he ran away. He wouldn’t identify himself to me. I have asked my neighbor numerous times to identify who the mower driver is and he won’t tell me.

I filed a claim against the homeowners insurance and they denied the claim because the homeowner was not on the mower. It also didn’t matter to the insurance company that the homeowner hired the contractor (family friend) to mow the lawn.

I filed a small claims case against the homeowner for the damage to my house. I can’t include the contractor in the lawsuit because nobody will tell me who he is.

The homeowner did attempt to try and fix my house but he found out that aluminum siding can’t be fixed and my entire house needs to be resided. The total damage is over $10,000. About the same time he found out my house could not be repaired without unless someone pays a lot of money, he went silent and refused to identify the contractor.

THE QUESTION IS: Is anybody aware of cases where a homeowner hires an uninsured contractor who causes damage to a neighbors house and the homeowner is held liable?

I would like to walk into court with prior cases where a homeowner hires an uninsured contractor to perform a service and damages someone else’s property and the homeowner is held liable.

On a side note, the family friend contactor has returned to start mowing again this year and I stopped him in the street and asked for his identity. It was a peaceful conversation but the contractor said he was not going to tell me who is. I also asked him if he was aware I filed a lawsuit against the homeowner based on his damage to my home and he stated he was fully aware of the lawsuit but he still was not going to tell me who he is. I have a license plate number of the contractor but Maryland DMV stopped allowing the general public to run license plates.

The small claims case is scheduled for May 2012.

So – advice? Comments?

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

 

[davidmcbeth3]

State: Maryland
He stated he didn’t have any insurance and he ran away.

Will you get new siding for the whole house? No. What have you found the costs to be to fix the siding section? They can be fixed or repaired.

Walk into court & say "my neighbor said it couldn't be fixed" and the judge will not find in your favor..

Good news is that if the neighbor is found not to be the party to sue but the mower operator is then you'll be able to sue him.

The judge will not look kindly on the neighbor thwarting your attempts to settle with the mower operator ... ask him straight up at trial who he is.

OR ask the court for leave to conduct a set of interrogatories & request for documents to the defendant as he has not cooperated in identifying additional defendants. He may allow this discovery. Want to do this? Write up a request & include what questions you want answered and documents desired & attach them as exhibits & serve the other party via US Mail (with a certificate of service) & file duplicates with the court. Then your neighbor will likely answer your questions before court and you can orally withdraw the request to conduct discovery. If you find the mower operator then add him as a defendant ~ ask for continuance to do this.

 

[Banned_Princess]

State: Maryland

My neighbor hires a family friend (let’s call him a “contractor” for a minute) to mow his lawn. The contractor uses a commercial mower. The same contractor has been mowing my neighbors lawn for years with the same commercial mower. Recently the “contractor” hit something in my neighbors yard and caused a large dent in my aluminum siding. Our houses are back to back.

After the contractor hit the object in the yard, he jumped off the mower and immediately ran over to my house because he thought the object hit someone. After the first minute of realizing what happened, I asked the contractor what insurance company he used. He stated he didn’t have any insurance and he ran away. He wouldn’t identify himself to me. I have asked my neighbor numerous times to identify who the mower driver is and he won’t tell me.

I filed a claim against the homeowners insurance and they denied the claim because the homeowner was not on the mower. It also didn’t matter to the insurance company that the homeowner hired the contractor (family friend) to mow the lawn.

I filed a small claims case against the homeowner for the damage to my house. I can’t include the contractor in the lawsuit because nobody will tell me who he is.

The homeowner did attempt to try and fix my house but he found out that aluminum siding can’t be fixed and my entire house needs to be resided. The total damage is over $10,000. About the same time he found out my house could not be repaired without unless someone pays a lot of money, he went silent and refused to identify the contractor.

THE QUESTION IS: Is anybody aware of cases where a homeowner hires an uninsured contractor who causes damage to a neighbors house and the homeowner is held liable?

I would like to walk into court with prior cases where a homeowner hires an uninsured contractor to perform a service and damages someone else’s property and the homeowner is held liable.

On a side note, the family friend contactor has returned to start mowing again this year and I stopped him in the street and asked for his identity. It was a peaceful conversation but the contractor said he was not going to tell me who is. I also asked him if he was aware I filed a lawsuit against the homeowner based on his damage to my home and he stated he was fully aware of the lawsuit but he still was not going to tell me who he is. I have a license plate number of the contractor but Maryland DMV stopped allowing the general public to run license plates.

The small claims case is scheduled for May 2012.

So – advice? Comments?

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

the insurance company will most likely defend the homeowner.

your definitely NOT getting 10k to fix your siding.

have you considered having your insurance fix the damage, and let them try to go after who's fault it is?

people don't have to hire licensed contractors to mow the lawn. a guy with a mower can make money by mowing peoples lawn. people used to hire teenagers, do you think those kids had insurance?

I don't think you are going to win this. you have to be reasonable with your damages, and 10k is waaaaay out of the ball park.

 

[latigo]

State: Maryland

My neighbor hires a family friend (let’s call him a “contractor” for a minute) to mow his lawn. The contractor uses a commercial mower. The same contractor has been mowing my neighbors lawn for years with the same commercial mower. Recently the “contractor” hit something in my neighbors yard and caused a large dent in my aluminum siding. Our houses are back to back.

After the contractor hit the object in the yard, he jumped off the mower and immediately ran over to my house because he thought the object hit someone. After the first minute of realizing what happened, I asked the contractor what insurance company he used. He stated he didn’t have any insurance and he ran away. He wouldn’t identify himself to me. I have asked my neighbor numerous times to identify who the mower driver is and he won’t tell me.

I filed a claim against the homeowners insurance and they denied the claim because the homeowner was not on the mower. It also didn’t matter to the insurance company that the homeowner hired the contractor (family friend) to mow the lawn.

I filed a small claims case against the homeowner for the damage to my house. I can’t include the contractor in the lawsuit because nobody will tell me who he is.

The homeowner did attempt to try and fix my house but he found out that aluminum siding can’t be fixed and my entire house needs to be resided. The total damage is over $10,000. About the same time he found out my house could not be repaired without unless someone pays a lot of money, he went silent and refused to identify the contractor.

THE QUESTION IS: Is anybody aware of cases where a homeowner hires an uninsured contractor who causes damage to a neighbors house and the homeowner is held liable?

I would like to walk into court with prior cases where a homeowner hires an uninsured contractor to perform a service and damages someone else’s property and the homeowner is held liable.

On a side note, the family friend contactor has returned to start mowing again this year and I stopped him in the street and asked for his identity. It was a peaceful conversation but the contractor said he was not going to tell me who is. I also asked him if he was aware I filed a lawsuit against the homeowner based on his damage to my home and he stated he was fully aware of the lawsuit but he still was not going to tell me who he is. I have a license plate number of the contractor but Maryland DMV stopped allowing the general public to run license plates.

The small claims case is scheduled for May 2012.

So – advice? Comments?

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

Do you want to know what I think?

(Well, I'll tell you anyway.)

I think, I think you haven't a sustainable lawsuit against anybody - neither the neighbor nor the “fleet-footed” guy riding the tractor mower.

Certainly, neither was an insurer of your property nor bore you the duty of strict liability.

Given your brief description of the climacteric event - (he the 'contractor') "hit something" - and given that we are not given to know what was "hit" or whether its physical description, size, mass, etc., was such that it could or could not have been reasonably detected before it was "hit" - then how can it be said that it was "hit" as a result of the carelessness or fault of anyone?

So, put aside the collateral issues (master/servant, respondent superior, vicarious liability, contractor/principal, homeowner’s liability coverage etc., etc.,) and if you will please explain how you intend to show that the damage to your siding WAS THE PROXIMATE RESULT OF THE NEGLIGENCE OF ANY PERSON WHOMEVER?!

Hypothetical, say you are cruising at highway speed unaware that an eighteen-wheeler has dropped a lug nut and your tire happens to mumble peg it 90-degrees though the window of a passing vehicle killing one of the occupants. (Like, for examaple the unseen missile that struck your siding.)

Would you deem it reasonable for the deceased’s heirs and survivors to urge that you were negligently responsible for that death? Or did death occur as the result of an unavoidable and unforeseeable accident?

In Rome it was, “Damnum abseque injuria” A loss, damages or injury suffered from which there is no legal cause of action.

And that's where I think you are at! A loss without a legal remedy.
____________________

Incidentally and for your particular edification, neither in the past did you, nor in the future will you be making a claim against the neighbor’s homeowner’s liability insurance carrier!

That company bears no legal responsibility, nor is it financially obligated to you in any way whatsoever!

All liability policies are written as indemnity agreements, not as third party beneficiary contracts. Otherwise you could have sued the company along with its insured, which you obviously did not.

Also when you get to court do not expect to present evidence that the neighbor attempted repairs to the siding as his admission of legal responsibility. Such evidence is not admissible for any purpose.

I'd wish you luck before the judge, but I think bribery is your best option.

 

[davidmcbeth3]

Hypothetical, say you are cruising at highway speed unaware that an eighteen-wheeler has dropped a lug nut and your tire happens to mumble peg it 90-degrees though the window of a passing vehicle killing one of the occupants. (Like, for examaple the unseen missile that struck your siding.)

I'd wish you luck before the judge, but I think bribery is your best option.

Good defense to bring up .. but "road hazard" defense only applied to the road.

 

[Johncup]

More information from OP

Thank you all for your comments - however I am still interested if anyone can point me in the direction of cases where a neighbor is held liable for an uninsured contractor, suggestions of where to look? Are you a lawyer/paralegal yourself and need something to do with your time? I will make it worth your time because although I am skilled in research, my field of expertise is accounting and not legal research.

To answer a few questions above - the insurance company has already said they are not liable in writing so I doubt they will lay out resources for an attorney unless the insurance company is listed as a defendant and they are not. Also, of the 4 defendants, there are no lawyers registered to represent the defendants.

The unknown contractor on the $10,000 commercial mower and is probably 30 years old so this is not a teenager mowing the lawn, I am sure this guy mows many lawns. One of the defendants verbally told me he is a friend of the family.

The guy on the mower was the first one on the scene after he hit my house - we could never find the object but it was round and about 8 inches long from the looks of the dent. I can't be sure the contractor didn't find it and put it in his pocket before I could get outside to look. From the moment of hitting the house, I estimate it took me about 90 seconds to get outside - the contractor was already standing there when I got around the corner.

The homeowner who hired the contractor brought a home improvement guy out on his own and the home improvement guy even said he couldn't match the siding. I have that statement in an email from the homeowner.

I had my own estimate done and the estimate clearly states "because of the damage to the back of the house ....." yes, the whole house needs to be resided because you can't fix yellow aluminum siding.

Negligence and the road debris comment --I think it is different when mowing a lawn then when the car in front of you kicks up debris from the road and breaks your windshield. The general public can't reasonably be responsible for debris on the road but it is reasonable to think a homeowner is responsible for the debris in his yard. That will be my take on that one.

If I file a claim against my own insurance (yes, I field an information report with them to get it on the record), I am paying my own $500 deductible and my insurance rates will likely go up. Who is going to pay that? The neighbor who is fighting me already? I am the victim here ... I was just sitting in my house minding my own business.

Thanks again for your comments ---

P.S. I know over $10K is alot for one dent but I intend to really push the fact that the identity is being willfully withheld. If I knew who he was, I could list him as a defendant and I could file against his insurance company if he truly did have insurance and just didn't want a claim field against him.

 

[Banned_Princess]

Thank you all for your comments - however I am still interested if anyone can point me in the direction of cases where a neighbor is held liable for an uninsured contractor, suggestions of where to look? Are you a lawyer/paralegal yourself and need something to do with your time? I will make it worth your time because although I am skilled in research, my field of expertise is accounting and not legal research.

no we dont. I dont think this type of litigation has ever been successful.

To answer a few questions above - the insurance company has already said they are not liable in writing so I doubt they will lay out resources for an attorney unless the insurance company is listed as a defendant and they are not. Also, of the 4 defendants, there are no lawyers registered to represent the defendants.

you are extremely wrong about this. especially since the ins denied the claim, they will represent their client against you. thats what they do, that is included in the insurance premium, and better they send someone to defend their client, then end up paying the judgment.

The unknown contractor on the $10,000 commercial mower and is probably 30 years old so this is not a teenager mowing the lawn, I am sure this guy mows many lawns. One of the defendants verbally told me he is a friend of the family.

friends of family are allowed to mow their friends lawn. he can even mow many lawns. there is no requirement for the guy to have insurance.

The guy on the mower was the first one on the scene after he hit my house - we could never find the object but it was round and about 8 inches long from the looks of the dent. I can't be sure the contractor didn't find it and put it in his pocket before I could get outside to look. From the moment of hitting the house, I estimate it took me about 90 seconds to get outside - the contractor was already standing there when I got around the corner.

then you cant prove the lawnmower guy was negligent, nor can you prove that anything he did caused the damage.

The homeowner who hired the contractor brought a home improvement guy out on his own and the home improvement guy even said he couldn't match the siding. I have that statement in an email from the homeowner.

So what, what did YOU do to try to find a match.

I had my own estimate done and the estimate clearly states "because of the damage to the back of the house ....." yes, the whole house needs to be resided because you can't fix yellow aluminum siding.

You are ABSOLUTELY NOT getting a whole new siding done because of a dent in one of your panals.

Negligence and the road debris comment --I think it is different when mowing a lawn then when the car in front of you kicks up debris from the road and breaks your windshield. The general public can't reasonably be responsible for debris on the road but it is reasonable to think a homeowner is responsible for the debris in his yard. That will be my take on that one.

not if the "debris" was so small it was unnoticable to the naked eye. did you want this homeowner or mower to get on their hands and knees and inspect the yard for rocks that might kick up?

If I file a claim against my own insurance (yes, I field an information report with them to get it on the record), I am paying my own $500 deductible and my insurance rates will likely go up.

well since you told them, your already at risk for them to raise your rate. and insurance companies can raise rates for any reason. if they will redo your WHOLE siding for 500$ that is a bargan. its probably what you will do when you lose this case anyway.

Who is going to pay that?

you are going to pay that.

The neighbor who is fighting me already? I am the victim here ... I was just sitting in my house minding my own business.

this is an accident I like to call a NO FAULT ACT OF GOD. accidents happen. get over the dent in your siding and you will feel better and not be out any money.

Thanks again for your comments ---

P.S. I know over $10K is alot for one dent but I intend to really push the fact that the identity is being willfully withheld.

you are wasting your time. you will never ever ever get 10k for a rock dent in one panel. its just absolutely not going to happen.

If I knew who he was, I could list him as a defendant and I could file against his insurance company if he truly did have insurance and just didn't want a claim field against him.

waste of time. when you have finished your litigation, please come back with the result. NO LIE-ING. be prepared to prove it. if you dont return we will assume you lost just like we said.

 

[csi7]

The only thing I can suggest to help you find possible answers is to take lots of pictures from different angles, google map pictures to show the distance between the houses, and be prepared to calmly state the case through facts.

First, your biggest complaint is the unidentified contractor.

Second, the damage to the house is possibly considered cosmetic, depending on the size, location, and the visual view of the damage. However, it does affect the market value of your property, so check the prices.

Third, you are in small claims court with your neighbor due to the unidentified contractor and the actions your neighbor has taken.

Set up your evidence, your timeline, and your process to obtain information to get this resolved to make it easier to present your case in full.

Best wishes.

 

[tranquility]

Hypothetical, say you are cruising at highway speed unaware that an eighteen-wheeler has dropped a lug nut and your tire happens to mumble peg it 90-degrees though the window of a passing vehicle killing one of the occupants. (Like, for examaple the unseen missile that struck your siding.)

Not a good hypothetical. My understanding of the duty of care of driving on the roadway does not require an inspection of the road you're going to drive on before driving. However, when mowing the lawn, every instruction manual I've seen says to inspect the yard before mowing. While such universal safety instructions may not rise to a duty because most people don't do such an inspection, it might because they should.

That is the issue here. (Along with the damages.) If you file in other than small claims, you could file under a Doe defendant and get discovery. You could join the neighbor under a vicarious liability theory so you can try to get the name with written discovery rather than a deposition.

Still, with the amount of damages and the need for discovery to really get at the only person who could possibly be found liable, I'm not sure you will want to move forward.

 

[latigo]

Not a good hypothetical. My understanding of the duty of care of driving on the roadway does not require an inspection of the road you're going to drive on before driving. However, when mowing the lawn, every instruction manual I've seen says to inspect the yard before mowing.

I don’t think you really intended to say that a motorist need not be concerned about road conditions, but the clear inference is that mowing one’s lawn is fraught with more hazards than driving over a public highway.

If my analogy is not fitting, it is not because the duty to be aware of ambient conditions is greater with the kid mowing my lawn than with that of a motorist wheeling a ton and a half of steel along a public highway!

Besides, I don’t think it is all that bad - what with moving vehicles and flying missiles.

(BTW Trany, I took a look, but the only related precaution I find in my “Craftsman” owner’s manual regarding possible flying debris is to be sure and wear safety glass. (I guess Sears doesn’t give a hoot about my neighbors’ properties.)

You could join the neighbor under a vicarious liability theory so you can try to get the name with written discovery rather than a deposition.

Doesn’t that beg the very question that is perplexing the OP – respondeat superior/vicarious liability versus homeowner’s immunity per an independent contractor/principal relationship?

And how is such pretrial fact finding to be accomplished in small claims court?

Still, with the amount of damages and the need for discovery to really get at the only person who could possibly be found liable, . .

Perhaps you could identify the “only person who could possibly be found liable” ) and explain why.

Looking forward to your enlightening input, as always,

Sax

 

[davidmcbeth3]

OP is looking for case law to support the OP's case (that's a good sign!): try google scholar, lexis law, or a trip to your local courthouse to spend some time in the law library...they may have westlaw etc. free

 

[OHRoadwarrior]

Likely, your pictures attesting to the damage on the siding, will attest to its extreme age and need for replacement or repainting. Filling the dent with fiberglass will fix the problem. The court will not order payment to paint siding, that needed paint already.

 

[Johncup]

davidmcbeth3 - Thank you. Thank you all for the comments. I realize I am fighting an uphill battle. The siding actually looks fairly decent and this dent is noticeable. More then cosmetic but not disastrous. I am not sure how much it would affect the property value.

There was an incident the other day that I thought was interesting.

The other day, the unlicensed contractor came back to mow the neighbors lawn again. I noticed him when he was trimming so I knew he was almost done. I also knew he was going to be parked in the neighbors driveway. I jumped in the car and went around the corner, and lo and behold - there was his truck and trailer and the large commercial mower sitting on the trailer. I took a few quick pictures of the truck and trailer from the front. I was hoping for signs on the side of he truck or something to identify him but there was no signs or identifying symbols on the truck. Then I drove about a block down the road.

I wanted to catch the unlicensed contractor and ask him if he was aware of the lawsuit, and ask him who he was. I honestly didn't know how much the homeowner told the guy and if he was even aware of the lawsuit. I also didn't want to confront him on private property and pour any more salt on the situation.

While I was sitting at the corner waiting for him -- one of the defendants drove by and just stared at me. I was obviously recognized. I sat for another 15 minutes waiting for the contractor to come down the road.

After 16 minutes, he was not coming out of the driveway so I decided it was not worth my whole afternoon of waiting for this guy so I drove down by the neighbors house one more time before I left. When I can back to look at the truck one more time, the license plate was covered with paper. The other defendant that drove by me in that short 15 minute waiting time frame obviously told him I was waiting for him.

However, I did happen to catch him by the truck so I asked the mystery contractor to step out into the street and talk to me for a second. He was fully aware of the lawsuit, he knew exactly who I was, and he looked me straight in the eye and told me he was not going to disclose anything about himself to me. It was a very nonconfrontational conversation. He was very cordial but very firm that he was not telling me who he is. Just that I was able to speak directly to him was a huge step. Not the answer I wanted but I got to hear it from his own mouth.

I learned two things the other day - the unlicensed contractor told me with his own words he was not going to tell me who he is and that there is a systematic and concentrated effort by the family to hide this guys identity.

That will be my number one point to the judge that the unlicensed contractor refuses to disclose his identify and the family will go to unprecedented measures to disclose his identity (cover his license plate).

I will focus on finding case law - this is small claims court after all (vs. a higher court) and my house is not going to fall down from the dent rather then pushing the identity. Maybe one day the defendants will all realize this hiding him is silly and come to their senses.

Banned_Princess - Thank you for all the input. I can tell you are very passionate about your postings.

Thank you all -- this is a very active forum and although I don't agree with all the responses, it does give me many other points of view and that is the point of these forums - right?!


BTW - I have no problem coming back in the future and telling you the judges decision whether that is in my favor or not.

 

[ecmst12]

Since when would someone need to be a licensed or insured contractor to mow someone's lawn?

 

[tranquility]

If my analogy is not fitting, it is not because the duty to be aware of ambient conditions is greater with the kid mowing my lawn than with that of a motorist wheeling a ton and a half of steel along a public highway!

You defense of the incorrect analogy is silly. You see, the child can inspect the entire lawn before he starts while the driver cannot. Maybe you should get a mower from this century. One modern problem with making absurd claims ("I took a look, but the only related precaution I find in my “Craftsman” owner’s manual regarding possible flying debris is to be sure and wear safety glass.") is that such manuals are available on the internet. Unless you bought your model back when you were a child during the depression, I bet your looks something like this: http://dl.owneriq.net/c/c982b2c6-2d48-4b20-a006-58493ecfc592.pdf

There you'll find incredibly boring, but LEGALLY IMPORTANT items under the safety rules and information, like:

Clear the area of objects such as rocks, toys, wire, etc., which could be picked up and thrown by the blade(s).

Maybe if you let us know YOUR model I can find the relevant portion you seemed to have missed. (Unless, of course, you're just being disingenuous.)

Doesn’t that beg the very question that is perplexing the OP – respondeat superior/vicarious liability versus homeowner’s immunity per an independent contractor/principal relationship?

It would not be frivolous to join the owner. We could certainly determine if he has any direct liability for inappropriate hiring or whatever. I agree he is probably not liable for vicarious liability, but we certainly have the rights to determine the facts of his relationship to see if he is. The real purpose in joining him is to make discovery cheaper.

And how is such pretrial fact finding to be accomplished in small claims court?

Good catch. You must know the law. But then,

If you file in other than small claims,

so do I. Maybe the OP should drop the small claims and go to court for real.

Perhaps you could identify the “only person who could possibly be found liable” ) and explain why.

Let's see what the OP said:
--Recently the “contractor” hit something in my neighbors yard and caused a large dent in my aluminum siding.
--After the contractor hit the object in the yard, he jumped off the mower and immediately ran over to my house because he thought the object hit someone.
--The homeowner did attempt to try and fix my house but he found out that aluminum siding can’t be fixed and my entire house needs to be resided.

I'm thinking a person riding a commercial mower has a duty to operate the mower in a reasonable manner. He breached that duty by failing to follow the universal instruction before mowing the lawn, to inspect and clear the area from foreign objects. That breach actually and proximately caused, damages.

That's my theory. Yours was something about lugnuts or something.