Legal Question in Civil Litigation in Missouri

We had a neighbor dig a pond on our property in Aug 2008. He verbally guaranteed that the pond would hold water. He returned in Sep of 2009 to see if he could do some repairs to the pond. He has been paid in full and the pond still does not hold water. There was no paper contract - everything was verbal and a handshake (we live in rural Missouri). He was paid by checks.

What are our options to get this situation rectified?


Asked on 7/10/11, 4:58 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Under the limited facts you wre able to provide here. it appears that you could sue the neighbor for incompetent or defective work. The fact that you fully paid may hurt your case some. But, if the defect(s) did not appear (water leaked out) until some time later, then you may be okay. The tough thing for you will be proving that he guaranteed the pond not to leak or dry up and that his work or the materials he used were defective. The cancelled chekcs may suffice to make this awritten agreement. But, you still have a short time in which to bring such a suit. The time may have already run out. Therefore, you may need to meet direclty with an attorney in your area soon. Many offer a free or low cost initial consultation. Give them copies of the cancelled checks and any other documents or photos you have. They may need to ask you follow up questions.

Good luck

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Answered on 7/11/11, 1:42 pm


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