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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 5 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.