Legal Question in Real Estate Law in Virginia

Neighbors hire unbonded contractor who causes damage

A tree exists between mine and my neighbors house. The tree is completely on their property and on their side of the fence. It needs to be trimmed or cut. The neighbors understand this and have chosen to take action for it. While my fiancee was outside this afternoon, the ''contractor'' who will be performing the work stopped by to talk to her a minute. He told her that he was unbonded, but didnt forsee a problem, but did want to make us aware of this.

My question is what is my best course of action now?

Should I be proactive and express my concerns to my neighbors about an unbonded contractor cutting a tree which could fall on my house?

In the event their was damage to my property, who would be at fault - neighbors or contractor?

If either is unable to pay, then what would happen?

Also, the neighbors are not the owners of the house. The girl's grandmother is letting them live there. I have right-of-way in my deed for driveway access.

Thank you,

Josh


Asked on 2/15/05, 6:46 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Neighbors hire unbonded contractor who causes damage

Yes, of course, you should advise the neighbor as to what you've learned regarding the unbonded status of the tree trimmer (for your protection as well as the neighbor's).

As to possible liability if in the course of trimming or cutting the tree it should fall upon your house, it's conceivable that the so-called contractor, the neigbors, as well as the grandmotherly owner, could all share in the liability for any damages caused to your property by the falling tree.

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Answered on 2/17/05, 11:35 am


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