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If a fencing company repairs a water line, are they responsible for damages done by the failure of the repair?

Fairfield, CA |
Filed under: Residential property

On the estimate, the company claims that they are not responsible for underground lines. A formal contract was not signed at the time of hire. The estimate is the only paperwork signed.

During the installation of the fence, a worker broke a water line. Rather than letting us call a plumber, he insisted upon repairing the broken line. The repair failed (we had a lake in our backyard) and a plumber was called. Per the plumber, the line was repaired improperly by the fence company and the fence post was installed improperly over the (improperly) repaired line. The latter turned a simple leaky line repair into a major project.

I'm wondering if I have a shot at recouping all or some of the money I paid for cleaning up the mess caused by the fence company's errors.

Attorney Answers 3

Posted

you could try suing them for negligence. Hopefully they have insurance and a bond.

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Posted

Unless the fencing company in writing disclaimed any liability for its negligence, you might have a potential claim.

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Posted

Yes, you probably have a claim against the fence company. If they were licensed, they will have a bond. You can put a claim in with their bond company, file a complaint with the CSLB, and/or file a lawsuit.
First, send them written demand for reimbursement via certified mail.

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