Landscaper hit our wood fence-- wants to make repairs himself

[snapdragon8888]

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

Ok, my entire post disappeared when I previewed the post. Trying again.

A tree-removal man brought his truck into our back yard through the drive-through gate of our 4-year-old $8000 cedar fence. When he was leaving the yard, he backed into the 6"x6" post that the gate is attached to, breaking the post off below ground level. I don't know what other damage there is, but I have a call in to the company that installed the fence.

The tree guy wants to replace the post himself. He says he is not paying for someone else to fix something he can fix himself. I told him I wanted to have it done by the company that installed the fence. He again insisted that he's not paying for someone to do something that he can do himself.

I think I have the right to have anyone I want do the repairs, and if he will not pay, I will deduct the cost of repairs from the amount (yet unpaid) that I owe him for the tree. Can I do this?

 

[OHRoadwarrior]

You can choose to have whomever you want fix the fence. He can choose to reimburse you whatever he feels fair. If you disagree, it will be up to a court to decide.

 

[xylene]

Inform your landscaper in in writing by certified return receipt mail of 2 estimates from reputable and licensed fence companies so that he may for forward them to his insurance company to facilitate his claim.

Inform him that should he fail to personally repay you promptly, whatever he chooses to do with his insurer, that you will take him to small claims court.

 

[Mass_Shyster]

Inform him that should he fail to personally repay you promptly, whatever he chooses to do with his insurer, that you will take him to small claims court.

It appears OP already owes landscaper more than the estimated cost of repairs, and can simply deduct the repair cost from the balance owed. This will place the burden on the landscaper to sue the owner.

 

[xylene]

It appears OP already owes landscaper more than the estimated cost of repairs, and can simply deduct the repair cost from the balance owed. This will place the burden on the landscaper to sue the owner.

Getting sued, risking a mechanics lein, etc, is is much more fun than having your fence fixed properly, I suppose