Legal Question in Construction Law in California
We have recently replaced our fence sharing the cost of the materials 1/2 and 1/2 with our neighbor, so we gave him the money for our half. When it came time to putting up the fence we were ready to start on our half so we called him to give us our 1/2 of the materials since he ordered them and they were delivered to his house. When we told him we were going to start building our half, he said we just needed to pay for our half of the materials and we had to do nothing else and he would build the fence. in the next days he worked on the fence and we asked him for the pieces to cover our side gate that was included in the final price, just as his was, and he said no that area was not included. So we counted the materials used and this is not true there is still about $70 worth of material left over.So our neighbor either owes us materials or some money. When we asked him for one of the two he got all mad, out of control and offensive. We are just asking for what we paid for to complete our half of the fence. My question is, if we take him to small claims, can he charge us for the the labor that he did or use it against us even though that was his choice, or what other options do we have? We really dont want anything else to do with him, we've tried mediation and they haven't gotten back to us its been a week now.
2 Answers from Attorneys
Going to small claims court is probably not worth it if you are only talking about $70 or so in materials. The filing and services fees will probably be that much and even if you win your neighbor may not pay you without a fight. As you suggest, if you did go to Small Claims Court yoru neighbor might well argue that you owe him for his labor. As a sometime Small Claims Court Judge, I would want to know who was it who wanted the fence replaced in the first place, but if the facts are really as you state them I would rule in your favor - for the $70. At the end of the day, you may just want to go and get the materials needed to cover your side of the fence and stay out of court.
I agree....having a hostile relationship with a next-door neighbor is a bad idea, especially over $70 and where he has done most or all of the work. I think that was a good deal for you, especially if his workmanship was OK or better. I also believe that a small-claims judge would decide against you on the basis that you got a good deal and (if it is a fact) that the gate area serves your property and your needs and you should therefore bear 100% of its cost.
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