Retaining wall built in wrong place and shabby

[BadLuck08]

What is the name of your state? Alabama

Several weeks ago I responded to an ad in the local paper offering masonary services. I met with two brothers and discussed several masonary projects I wanted done around my home.

My first project was to be a retaining wall 36 feet long and approximately 5 feet high. After two hours of discussion of what I wanted and exactly where I wanted the wall it was agreed that the brothers would do the job at cost plus. Which was explained to me as being what ever the materials cost that is what their charges would be.

At our discussion about the wall, my entire plans about my construction project were discussed with the brothers so that they would have in mind exactly what my plans were.

My plans were simple. Build a retaining wall parallel and square with the house so that a concrete pad could be poured and garage built. Also, the retaining wall was to be back far enough from the edge of the concrete pad so there would be room enough to walk between the top of the retaining wall and the side of the garage once it was built.

The brothers assured me that they knew what I wanted and could perform the job without questionThis was assured to me after it was explained to me that their grandfather, father and mother were all brick masons.

All the brothers needed for me to do was to mark on the ground with orange paint exactly where I wanted the retaining wall. I had spent half a day on two different occasions measuring and marking the placement of the wall so this wasn't going to be a problem.

I marked the placement of the retaining wall with orange paint on the ground and even went a step further and nailed a masons string to the ground exactly where I wanted the retaining wall to be build.

Two days later materials were delivered and construction on the wall began. Unfortunately, I was out of town and could not be present to hold their hand on the job. I knew when this happened that I was gonna get bitten on this project.

Three days later I was called by the brothers and was informed that they had finished the job. I arrived home that very evening.

Before I even pulled in the drive I knew that they had messed up somewhere. Although I had marked the placement with orange paint on the ground, they had decided to move one end of the wall three feet closer to the house.

After discussing this issue with the brothers they assured me that they would be back in two days to correct the problem. Yes, I went ahead and paid them for the work.

Two days went by and the brothers never showed up. They had to be an another customers house. On the third day when the brothers didn't show I cancelled the check I had given them that hadn't been deposited yet.

I spent many hours rebuilding the retaining wall in the correct location. The wall that the brothers build was completely torn down.

After several heated arguments on the phone it was decided they need an attorney to collect their money.

I now have a registered letter from their cousin the attorney waiting for me at the post office. I haven't picked it up yet. Am I oboligated to pick up the letter?

I have all types of photos of their wall and the new wall.

Whats my position with this issue.

Thanks for your advice!!

 

[Zigner]

No, you're not obligated to pick it up. They can (and will) sue you even if you don't pick it up.
Furthermore, you likely owe the full amount. You didn't give them a reasonable amount of time to return to fix the problem.

 

[BadLuck08]

The amout of money at question here in less than $800.00. So I will assume that this will be settled in small claims court.

One other point I would like to add is that the brothers didn't have a business liscense for the county or this city.

I guess the reasonable time question will have to be decided by a judge.

 

[BL]

Are you saying the wall was curved , and one end was 3 feet off the mark , or was it 3 ft. short ?

In any event , they can sue , and stop payment on the check was not a good Idea .

 

[BadLuck08]

The wall was three feet off of the mark.

 

[BadLuck08]

Well I received the demand payment letter from the oposing attorney. I replied by saying that I didn't think I owed the money because the wall was built in the wrong place and the oontractor did not return when promised to complete the job.

So now I guess he will turn it over to a collection agency or sue me in small calims court or both.

I have determined that I over paid the contractor by several hundred dollars and that is according to our agreement. So maybe if nothing else I can lower the amount if sued in small claims court.

I don't do credit so I am not to worried about the collection agency.

I will be defending myself in small claims court. I would appreciate any help or ideas. But I have noticed that on this forum that if you are the defendant in a case your are automatically assumed guilty and treated as such. So I am off to the library to find what I can on the subject of small claims court.

 

[BL]

Well I received the demand payment letter from the oposing attorney. I replied by saying that I didn't think I owed the money because the wall was built in the wrong place and the oontractor did not return when promised to complete the job.

So now I guess he will turn it over to a collection agency or sue me in small calims court or both.

I have determined that I over paid the contractor by several hundred dollars and that is according to our agreement. So maybe if nothing else I can lower the amount if sued in small claims court.

I don't do credit so I am not to worried about the collection agency.

I will be defending myself in small claims court. I would appreciate any help or ideas. But I have noticed that on this forum that if you are the defendant in a case your are automatically assumed guilty and treated as such. So I am off to the library to find what I can on the subject of small claims court.

Excuse me ?

First that is not so . You haven't read up on all the subjects mwhere we give advice both ways .

Secondly , if you are a defendant in small claims , the plantiff has the burden of proof as to why the Court should award him your money .

Happy researching !!!! When google is your Friend .

 

[BadLuck08]

Well I made the trip to the local library, which was really useless. Well not really. I did manage to get a few copies of the ad that my contractor was running trying to get business. He doesn't have a business liscense so I am gonna see that he does get one or get out of the business. I guess if he has a business he will also have to file taxes on his business from now on.

Anyway, no such luck finding a bood titiled defending yourself in small claims court.

It would really be nice for someone to suggest a good book for my defense.

Thanks.

 

[BL]

Well I made the trip to the local library, which was really useless. Well not really. I did manage to get a few copies of the ad that my contractor was running trying to get business. He doesn't have a business liscense so I am gonna see that he does get one or get out of the business. I guess if he has a business he will also have to file taxes on his business from now on.

Anyway, no such luck finding a bood titiled defending yourself in small claims court.

It would really be nice for someone to suggest a good book for my defense.

Thanks.

As I said google is your freind .

Google alabama small claims court guide

Nola has a book . You might be able to find it at your local book store.

 

[BadLuck08]

I had already ran across Alabama guide to small claims court. It was a big help. I just now ordered the book by Ralph Warner titiled everyones guide to small claims court. Books a million has the book by Nolo will try to go look at it.

Thanks

 

[BadLuck08]

Well everyone I talk to kept telling me that I should at least go talk to an attorney about my situation, so today I did. I thought I would at least spend $50 to see what someone thought and as it turned out it was free. What's that olad addage about getting what you pay for. Well anyway. Seems as if the attorney I talked to seems to think that my opponent doesn't have a very strong case. He said not to worry about it to much anyway. He also said that if they do decide to sue me that I should counter sue for breech of contract and for having to rebuild the retaining wall. Sounds good to me. He siad that he was in pretty good circles with the district judge who would hear the case and that he didn't think he would side with my opponent. Also he seems to be pretty sure that my opponent has been there before so there might be a problem with his services. Anyway, he said to just wait and see what they decide to do before doing anything myself.

 

[VinnieL]

Did you had any plans form architect, structural engineer, did you singed any contract. I had sued my builder and even though there are at least 200 or so emails during the construction he is changing his tune and looks like he is getting away with murder. I had spend so much money on attorney, professional engineers, deposition, found out he is sued by another home owner too and even after this at the end of the day I don’t think the laws will protect home owners like you and me….just my 2 cents…wish you all the best

 

[BadLuck08]

Did you had any plans form architect, structural engineer, did you singed any contract. I had sued my builder and even though there are at least 200 or so emails during the construction he is changing his tune and looks like he is getting away with murder. I had spend so much money on attorney, professional engineers, deposition, found out he is sued by another home owner too and even after this at the end of the day I don’t think the laws will protect home owners like you and me….just my 2 cents…wish you all the best

No plans, no egnineers, no contracts. What I have is pictures of him building the retaining wall in the wrong place. He moved the wall on his own, which voided our verbal contract of building the retaining wall where the location was marked with orange paint and a masons line nailed to the ground. I mean how stupid can this guy be? All he had to do was build the wall where it was marked, but he didn't, he moved it to where he thought it should be.

The attorney I spoke with said not to worry about it to much. If they sue, I will counter sue for breech of contract and for having to rebuild the wall myself. Not to mention the grief I plan on causing him for operating a business without a liscense. He is a fly-by-nite operation, running off a cell phone.

Good luck!!!

 

[justalayman]

=BadLuck08;

The attorney I spoke with said not to worry about it to much

.sure, he has nothing to lose and since the advice was free, it was worth it.

If they sue, I will counter sue for breech of contract and for having to rebuild the wall myself.

For what? Under what rights do you believe you can make any claim for any money for having to rebuild the wall. At most, you will be found not liable for the money owed the brothers. After that, it is like before the entire agreement and you are free to do whatver you want but they are not going to be liable for it. As well, SCC's tend not to put any value in a homeowners labor.

Not to mention the grief I plan on causing him for operating a business without a liscense.

That, I see no problem with. It is unlicensed contractors that cause a majority of this type of problems.

He is a fly-by-nite operation, running off a cell phone.

you did know this before entering into a contract with him, right? Be careful who you blame for this situation. In truth, you allowing this guy to do the work, knowing he was not licensed and was a fly-by-night character is as much to be blamed as the guy himself.

If you do prevail, I would still prepare yourself for a royal chasistising from the judge. Stopping payment on a check is not the right way to take action. In some cases, it in itself, is criminal.

 

[BadLuck08]

The attorney I spoke with has done work for me in the past so although his information was free at the time, he knows he will be doing other things for me in the future, so I doubt that he is offering advise that is not very worthy.

No, I did not know this was a fly-by-nite company I was dealing with. I ASSUMED that since they were advertising weekly in the local newspaper along with passing out business cards that they might have a clue at to what they were doing.

I guess I should be running background checks, employment history, criminal history and blood type on the individuals I choose to work for me. It is much easier to give someone the benefit of doubt.

I may not prevail in this case, but they don't have any of my money yet!! And, it is not like I can loose any more than they say I owe ($788.16) which I can prove that amount should be less than $500.00 if I do have to pay.

However, therefore and whatnot, from what I've read and been told then I welcome their suit. IF, they have a leg to stand on it is a broken leg, we will see I guess if his cousin, his attorney has any gonads.

It is just like I said before, if you're the defendant here then it is automatically assumed that your are in the wrong and must be guilty, therefore you must pay or go to jail or whatever the case may be.

I was the one who got screwed over, but since I'll be the defendant I must be guilty.

Thanks,

Have a safe and happy 4th of July

Remeber what it is all about!!

And, I will take your advise not to take your advise.

cya