5 Comments Commercial law, litigation, contracts, IP, property law
As you said you were contracted to undertake an agreed piece of work for an agreed sum. So the person who contracted you is obligated to fulfill their side of the agreement, in this case, payment in full. If the other party has a separate dispute with their neighbor that is not your concern.
Send a letter of demand and if payment is not received, and depending on amount, commence a Small Claims action through your local court. Make sure you have your paperwork and version of events down pat.
Agree with citizen181 - you were hired by Property Owner 1 to build fence so he has to pay. I would say that Property Owner 1 has not done due diligence with Property owner 2 regarding fencing regulations and has not received any agreement from Property Owner 2 regarding splitting costs
PS: Make sure for future fencing jobs, you are aware of legal requirements /regulations between each party, and that contracts/quotes are for both parties
DoogleMcFroogle 2017-09-19 15:47:50
Thanks for your assistance, I have spoken with the person who arranged the work, he has also paid half the amount, it's his belief that i should seek action against the other person. Which I'm not, So I'm now in the process of writing a letter of demand and looking into small claims court as i know he thinks I'm going to back out. Only worried about court costs now as remainder of funds is only $1400.00 but need to make the point.
Ask him if he has anything in writing whereby the neighbour agreed to pay for the other half of repairs to the fence. I would even ask Property 2, if they were approached beforehand about paying half the costs, and if Property 1 owner went through the proper fencing regulations ( ie: Fencing Notice Agreement )
He still has to pay all your Invoice, and he can recover funds from Property 2 ( as you had no agreement with Property 2 )
Send a letter of demand for the $1400, and then advise if not paid within 14 days, you will then seek legal action and recompense for any filing fees/legal fees/court costs
Other option is to send Letter of Demand for payment, and if not paid, go and take half the fence down
DoogleMcFroogle 2017-09-20 10:34:17
I know that this would probably be the wrong thing to do but I would go and remove half the fence - it then becomes his hassle to sort out (the neighbor would be at him for the situation) and at least you recover some hardware. You'll still be out of pocket to some extent but probably less than if you go through the legal process.
Morally this would be the right thing to do but hopefully someone here has a good reason for you not to do that.