Legal Question in Civil Litigation in New Jersey

Fence Repair

My car hit a fence taking out three of four split rails.(Corner post 90 angle)Post was OK. The accident occurred 5/02. All demographic information was shared with the homeowner at that time.She was asked to call me when ready to make repairs.Pictures were taken day of accident.Since then, a tree fell thru the damaged section of fence. I painted and repaired all three rails 7/04.Homeowner wants me to paint entire fence which has not seen paint for about 10 years. All damage was repaired. What is my responsibility to paint the entire fence around three sides of the property.Have pictures of repair.Fence is missing rails in various other places, not in good shape.


Asked on 7/10/04, 4:39 pm

1 Answer from Attorneys

Re: Fence Repair

You are responsible for restoration, but you can not age the paint to match 10 year old paint... So, what is reasonable? Was the fence appearance OK before the accicdent with the aged paint? If so, your painting it would be 'betterment' to the home owner.

Now, did they report it to the police? Their insurance company? Did you report it to your insurance company? and last, what is th ecost to paint the whole fence?

IF the deal was you repair and they do not report you, and the cost to paint the whole fence isn't too great, just paint the whole thing and stop complaining. If it was reported, then if the cost is high enough it may be worth arguing about.

Just my 2-cents.

Read more
Answered on 7/14/04, 1:46 pm


Related Questions & Answers

More General Civil Litigation questions and answers in New Jersey