Do I have legal recourse
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Do I have legal recourse
A private contractor was hired by ATT to put wires in our
community underground and in doing so has caused
damage to my foundation of my house as well as sinking
the lawn and swell and driveway and I was wondering if I
have any legal course due to the city of sunrise did not take
a bond to protect me and the damages continuing on the
more it rains
Asked on April 17, 2018 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You do have recourse, but it is against the contractor, not the city. A person or entity (e.g. a city) hiring an independent contractor is not liable for that contractor's negligence or carelessless, because the contractor is not an employee but rather is an independent person or entity (e.g. corporation or LLC).
However, even though the city is not responsible, the contractor is: any person or business who negligently or carelessly damages another's property or causes another to incur costs is liable, or responsible, for their careless acts. You could sue the contractor for any damages or costs which have not otherwise been paid by or set right (e.g. fixed) by another.
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