My neighbor said his contractor damaged my property but won't tell me his name

[riskassessor]

Texas

While I was out, my neighbor's fencing contractor entered my property and cut down my plants on my side of the party fence. My neighbor says it was the contractor's fault but he won't give me the contractor's name and contact details. He says he has forwarded my complaint to the contractor and he is sure the contractor will contact me. I can't be certain that this unknown contractor will contact me. How should I proceed?

 

[quincy]

Texas

While I was out, my neighbor's fencing contractor entered my property and cut down my plants on my side of the party fence. My neighbor says it was the contractor's fault but he won't give me the contractor's name and contact details. He says he has forwarded my complaint to the contractor and he is sure the contractor will contact me. I can't be certain that this unknown contractor will contact me. How should I proceed?

You can present your neighbor with a bill to cover the cost of replacement plants. Your neighbor can pay you and seek reimbursement from the contractor he hired.

 

[riskassessor]

You can present your neighbor with a bill to cover the cost of replacement plants. Your neighbor can pay you and seek reimbursement from the contractor he hired.

Thank you or the great advice. If I have to sue in small claims, and I have by then discovered the identity of the contractor, should I sue both or just the neighbor?

 

[Taxing Matters]

Thank you or the great advice. If I have to sue in small claims, and I have by then discovered the identity of the contractor, should I sue both or just the neighbor?

Generally you’d sue both in the same lawsuit. If the neighbor was negligent in the instructions he gave the contractor or if the contractor was the dependent agent of the neighbor then the neighbor is liable. The contractor is liable to the extent of his/her own negligence. You likely won’t know the full extent of the liability of each prior to filing the lawsuit as you would not have all the facts. You would get those facts in discovery in the course of litigating the lawsuit.

 

[adjusterjack]

Thank you or the great advice. If I have to sue in small claims, and I have by then discovered the identity of the contractor, should I sue both or just the neighbor?

I would list the defendants as Joe Neighbor and John Doe Contractor and serve the neighbor the summons and complaint.

That should quickly elicit the name of the contractor and you can modify your lawsuit accordingly and decide whether to keep the neighbor as a defendant or not.

 

[quincy]

Thank you or the great advice. If I have to sue in small claims, and I have by then discovered the identity of the contractor, should I sue both or just the neighbor?

If you have to sue, you can sue both your neighbor and the contractor.

The contractor should be licensed and insured and his insurer should cover the replacement costs of your plants. If not insured (or even if insured), your neighbor's home owner's insurance should cover replacement costs.

If you haven't done so already, I recommend you take photographs of the damaged plants and you will want estimates for the costs of their replacements. This will help support the demand made to your neighbor and you will want these as evidence should the matter wind up in court.

Good luck.

 

[quincy]

riskassessor, you can send the demand letter to your neighbor. Support your demand with cost estimates.

When your neighbor receives your demand, he might willingly provide you with his contractor's name and contact information - which will make suing them both a lot easier.

 

[riskassessor]

I created this question as a separate thread but I was asked to transfer it here.

I want to send a demand letter for damages to two parties (a neighbor and the neighbor's contractor). I don't know their relative fault. This would likely only sorted out if it goes to court. Should I send them each a demand for the total damages and state that they can each take credit for whatever the other party agrees to pay? Or should I send one letter addressed to both demanding that, between them, they remit the total amount of the damages?

How many days do I need to give them to make payment? Is 7 days OK?

 

[quincy]

I created this question as a separate thread but I was asked to transfer it here.

I want to send a demand letter for damages to two parties (a neighbor and the neighbor's contractor). I don't know their relative fault. This would likely only sorted out if it goes to court. Should I send them each a demand for the total damages and state that they can each take credit for whatever the other party agrees to pay? Or should I send one letter addressed to both demanding that, between them, they remit the total amount of the damages?

How many days do I need to give them to make payment? Is 7 days OK?

See my response above.

You can start by sending a demand letter to your neighbor asking for the entire amount of damages you are claiming, since you already know your neighbor's name and address.

Before you send any demand letter, you will need to get estimates of costs to replace your damaged plants (contact landscapers in your area or go to a gardening store and gather evidence of plant costs).

You will want photos of the damage caused by the contractor.

Once your neighbor receives your letter, he may be more than willing to turn over to you the name of his contractor. You will then be able to send the contractor a demand letter and you will also know who else to sue if the matter winds up in court.

You can place whatever deadline on response that you want. Seven days seems fine, if you think you will be prepared to sue after seven days. You can fill out the necessary small claims forms now and hold onto them until you are ready to file and serve.

Good luck.

 

[riskassessor]

Thanks again for all the great advice.

 

[quincy]

Thanks again for all the great advice.

You're welcome, riskassessor. Thanks for the thanks.

I hope this will all be resolved for you without the need for a lawsuit.

Good luck.

 

[riskassessor]

To recap, state is Texas, and my neighbor's fencing contractor trespassed onto my property and cut down my hedge along the party fence. I have had trouble identifying the name of the fencing contractor but believe I have it now. I emailed the fencing contractor and my neghbor and they each offered about $100 in compensation. I obtained two estimates from landscapers, one for $1700 and one for $2700. I then submitted a formal demand letter to the neighbor and the fencing contractor attaching the two estimates. At this point, they both withdraw their offers and said they would pay nothing. I am now in process of filing my claim in small claims court.

Questions:
(A) Is two estimates enough? I've tried to get more estimates but some landscapers have turned me down because the job is too small, and others came to visit and then never submitted an estimate. It's time-consuming trying to get more than the two estimates I already have.

(B) I briefed the two landscapers who gave me estimates that I wanted mature plants to replace my 10-year old hedge that had been cut down. They can't find plants of the same species and height of those that were cut down. They could get me baby plants in those species or different species that are bigger but still not as big as those I lost. Would the judge accept that it is reaonable to install plants that are available in my area and give maximum coverage of the party fence?

 

[quincy]

To recap, state is Texas, and my neighbor's fencing contractor trespassed onto my property and cut down my hedge along the party fence. I have had trouble identifying the name of the fencing contractor but believe I have it now. I emailed the fencing contractor and my neghbor and they each offered about $100 in compensation. I obtained two estimates from landscapers, one for $1700 and one for $2700. I then submitted a formal demand letter to the neighbor and the fencing contractor attaching the two estimates. At this point, they both withdraw their offers and said they would pay nothing. I am now in process of filing my claim in small claims court.

Questions:
(A) Is two estimates enough? I've tried to get more estimates but some landscapers have turned me down because the job is too small, and others came to visit and then never submitted an estimate. It's time-consuming trying to get more than the two estimates I already have.

(B) I briefed the two landscapers who gave me estimates that I wanted mature plants to replace my 10-year old hedge that had been cut down. They can't find plants of the same species and height of those that were cut down. They could get me baby plants in those species or different species that are bigger but still not as big as those I lost. Would the judge accept that it is reaonable to install plants that are available in my area and give maximum coverage of the party fence?

While two estimates can be enough, because there is a thousand dollar difference between the two estimates you have, I think you should get a third estimate. One thousand dollars is a significant difference.

The fact that the species of plant that was cut down by the contractor is no longer available can be important to note. The fact that these were mature plants is also important.

I suggest you also have before and after photos.

And I suggest you have information about the plants that were removed and have replacement costs for more than a single type of plant. You want the judge to know you are not trying to replace, for example, dandelions with roses.

If you haven't asked the homeowner and the contractor for their insurance information yet, you should.

Thank you for the update. Good luck.

 

[not2cleverRed]

To recap, state is Texas, and my neighbor's fencing contractor trespassed onto my property and cut down my hedge along the party fence. I have had trouble identifying the name of the fencing contractor but believe I have it now. I emailed the fencing contractor and my neghbor and they each offered about $100 in compensation. I obtained two estimates from landscapers, one for $1700 and one for $2700. I then submitted a formal demand letter to the neighbor and the fencing contractor attaching the two estimates. At this point, they both withdraw their offers and said they would pay nothing. I am now in process of filing my claim in small claims court.

Questions:
(A) Is two estimates enough? I've tried to get more estimates but some landscapers have turned me down because the job is too small, and others came to visit and then never submitted an estimate. It's time-consuming trying to get more than the two estimates I already have.

(B) I briefed the two landscapers who gave me estimates that I wanted mature plants to replace my 10-year old hedge that had been cut down. They can't find plants of the same species and height of those that were cut down. They could get me baby plants in those species or different species that are bigger but still not as big as those I lost. Would the judge accept that it is reaonable to install plants that are available in my area and give maximum coverage of the party fence?

Just to clarify: have you also sent a copy of the demand letters by snail mail?

If not, do so... preferably by some traceable/trackable means.

Otherwise, what quincy said.

 

[quincy]

Just to clarify: have you also sent a copy of the demand letters by snail mail?

If not, do so... preferably by some traceable/trackable means.

Otherwise, what quincy said.

I believe riskassessor said he sent both emails AND "formal" demand letters with the estimates attached, which indicate letters sent through the mail service - but I agree that there should be more than an email notification.