Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
there was a fence placed in our backyard to give our privacy how ever the contractor shorted us approx 5 feet. Not only that but the fence was placed in dirt which is in our backyard how ever the ground is soft and the land is starting to fall. I placed 2’by 2′ to see if the railroad ties would mov. now the ties are rotted through and wiont hold for long. Is the contractor responsible to put the fence where it should go
Asked on April 6, 2016 under Real Estate Law, Alaska
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If the contractor breached the contract--i.e. didn't give you the full perimeter or area of fence that he was supposed to and which you were paying for--and/or installed the fence negligently (unprofessionally carelessly; not up to commercially acceptable standards), you could sue him for the cost to redo or remediate the fence propertly. You would sue based on breach of contract, if the agreement specified where the fence should go but it didn't; you could also sue in regards to the soft ground issue based on negligence, but for that part of the suit, would likely need to have another fence contractor, inspector, engineer, etc. testify to establish, through their expertise, what went wrong, why it's a problem, and how the fence should have been installed. Unless you are a contrator, etc. yourself, you lack expertise and a court would not likely accept yoru opinion as to how a fence should have been installed.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.