Extensive damage to my landscaping - please help
4/27/2021 at 11:48:00 AM
My contractor dug my backyard and dumped all the excavated soil in the remaining backyard. I warned him to be careful with the retaining wall area and what's inside. I cared for these plants for close to 15 years on a daily basis and spent countless number of house caring for them. He promised they will not be damaged and now except for a few plants, all other plants are dead. He is telling me, it is out of scope for him to fix it. My point is if you damage something during the course of excavation that automatically comes into your scope of work, which he is fighting. Please help.
4/27/2021 at 3:28:05 PM
Usually when anyone damages anything outside the scope of work it is on them to fix unless it is in the disclaimer. Unfortunately you can't force him to fix it but you can hold funds owed to him, then you can hold him accountable. A good GC should always set the expectations before starting a project.
4/27/2021 at 3:35:16 PM
Thanks for your kind reply. Yes, I spoke to him and he keeps saying it is out of scope. But if he damages my property, then it automatically comes into scope and he needs to fix it. But he is refusing to do so. He also took down the garage door and he asked me to pay $1,000 to re-install. We fought back and now he is willing to do it for a fraction of that cost.
4/27/2021 at 5:43:02 PM
On this subject:
If through construction the contractor damages area that are off limits and he was clearly made aware of these limits.
The contractor is responsible for their repairs.
If he does not repair the damage you can claim on his liability insurance.
4/28/2021 at 9:05:45 PM
Clearly the damage is his responsibility, other he fits the problem or you with hols X number of dollars to fix it yourself
7/5/2021 at 8:49:37 PM
Thanks my friend.
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