My name is Tyler. My delama is that I constructed a retaining wall for a home owner about 2 years ago maybe a bit longer now. Did everything under the table and had no contract with the customer. In addition the home owner had a different company come out and do landscaping on the top side of the wall. Since then the wall has started to bow out at the top as a result the home owner says that I need to come fix it. He has had another company out there starting that I used the wrong block to build the wall in their eyes. He says that if I dont fix the wall he will take me to court. I no longer do my own work. So I'm wondering am i legally binned to fix the wall or is this something that wouldn't hold up in court. I really appriacate your time. Best regards.
This is not an intellectual property question, I have changed the category to construction. Generally, as someone in construction you are required to to perform your work in a workmanlike manner. If there are problems with your work, you are required to fix as long as they occur in a reasonable period of time after you did the work. However in your case, someone else made changes to what you built and so now it becomes a question of who did what and what cause the wall to begin failing. Because of these issues, you need to see a local attorney specializing in construction and home improvement so you know what your legal exposure is.
My answers to questions posted on AVVO are generalized answers that should not be considered sufficiently specific to constitute legal advice and the question this answer is in response to is not sufficiently specific as to the facts to constitute advice on any specific legal issue and thus there is no attorney client relationship established by this general statement of the law. Any citations provided should be researched to ensure they reflect current law.
What is the cause of the wall bowing out? The use of wrong blocks, or the other landscaping company doing work on the topside of the wall? If wrong block, you should fix it. It may be the block chosen was fine for the original purpose, but having someone do landscaping on the top caused additional (unanticipated by you) stress on the wall and the landscaping should not have been done as they could see it would cause stress beyond what it was originally intended for. Quite the dilemma. This is a public forum, where everything you write can be used against you, do not write your full name, nor admit anything on this forum. Discuss with some licensed landscapers and try to determine who is really at fault, if you, stand tall and redo the work. Good luck.
Peace be with you, and may love guide you.
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