Legal Question in Construction Law in Utah

Problem with concrete retaining wall

We hired a contractor to build a small concrete retaining wall on the back side of our property--we wanted the dirt retained before getting our landscaping done. We were the first property in our area to have a retaining wall installed, however, the building lots south of us have now been surveyed and have all 4 property hubs in place. It's very apparent that our retaining wall is almost 4' in from the back side of our property line and 2' too far south. When he originally bid the project, the contractor told me that there were two hubs in front and he could pull the line from them without any problem. After weeks of nagging, the contractor came and looked at the wall, but seemed unwilling to make things right. What are my legal rights in this case, how should I proceed, and what can I recover in this situation--cost of wall, cost to redo landscaping, etc. Thanks in advance!


Asked on 9/09/00, 9:45 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Problem with concrete retaining wall

You can recover the cost to repair, in your case the wall will need to be removed and reinstalled. You should be able to get both the cost of removal and reinstallation. Get at least two bids from reputable contractors to do the work. Give your old contractor a reasonable period of time to fix the problem, if not sue him. You can go to small claims up to $5000.

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Answered on 10/10/00, 12:45 pm


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