Legal Question in Construction Law in California
Damage to property by a nieghbor's contractor
My nieghbor employed a excavating and grading contractor to do work on his property. My driveway to my home was damaged in the process. Can I hold the nieghbor responsible? I do not know who the contractor is. Thank you.
4 Answers from Attorneys
Re: Damage to property by a nieghbor's contractor
Yes, you sue the neighbor and the contractor after you do some discovery. Give me a call.
Re: Damage to property by a nieghbor's contractor
Yes, the neighbor is liable. You sue the neighbor. The neighbor then cross-complains against the contractor. Your suit against the neighbor is based on the contractor being the neighbor's agent.
Depending on the cost of repairs, you may be able to file suit in small claims.
Re: Damage to property by a nieghbor's contractor
Yes, you would be able to file suit against your neighbor under the legal theory known as vicarious liability (the neighbor being responsible for the contracted agent's damages to your property during the scope of its work performance). If you would like further assistance with this matter, including where to file, etc...contact us directly.
Re: Damage to property by a nieghbor's contractor
Although you could sue your neighbor and hold him/her responsible, you also need to consider what impact this will have on your relationship with your neighbor.
Your neighbor might take it personally if you sue. Perhapes you can approach the neighbor and get the name of the contractor and/or the insurance information. You might be able to resolve outside of court or file suit against the contractor without involving your neighbor.
By the way, the limit for small claims court goes up to $7500 for cases filed by individuals beginning the first of next year.