Motar Dust on my neighbor's house
August 9, 2007 12:40 PM Subscribe
My chimney was in need of repair so i am having part of it re-built/ new caps and re-tuck pointed. The contractors created a lot of dust grinding out the old motor joints. Some of the dust landed on our neighbor's house and she is complaining about the damage it has caused to her in progress paint job. We are working on a solution, but who is responsible for this? What legal responsibility do i have if she discovers permanent damage in the future? Would the contractors be held responsible after I have paid them?
Here is the re-cap:
-Neighbor is painting a newly sided house herself. It is currently partly primed and partly unfinished wood.
-day 1: contractor talks to neighbor about potential dust problem. Talked about postponing work for a month, but neighbor thinks dust on finished paint job would be worse. Both contractor and neighbor put up tarps around work area and on side of house to prevent any problems.
-day 2: Dust generation is more than neighbor expected and ends up getting on house anyway. Contractor works out a solution to pay to pressure wash neighbor’s house to remove dust. Also complaining about good painting days lost due to dust.
-day 3: pressure washer shows up, neighbor "did not see eye to eye" with pressure washer so sent him away. neighbor felt pressure washer did not have an adequate solution to cleaning unfinished wood. I talked with neighbor and she is currently trying to find a different pressure washer that can do the job.
This is where i stand right now. I am confident that we can come to a solution. (I don't think it would be hard to clean mortar dust off a house) and the contractor currently is ok with paying for the solution. I am worried that neighbor might want reimbursement for the partial paint job, or claim there is permanent damage. What can i do more than talking with the neighbor to prevent any legal responsibility in the future? I haven't paid the contractor yet, should i wait till the problem is resolved before I do?
Here is the re-cap:
-Neighbor is painting a newly sided house herself. It is currently partly primed and partly unfinished wood.
-day 1: contractor talks to neighbor about potential dust problem. Talked about postponing work for a month, but neighbor thinks dust on finished paint job would be worse. Both contractor and neighbor put up tarps around work area and on side of house to prevent any problems.
-day 2: Dust generation is more than neighbor expected and ends up getting on house anyway. Contractor works out a solution to pay to pressure wash neighbor’s house to remove dust. Also complaining about good painting days lost due to dust.
-day 3: pressure washer shows up, neighbor "did not see eye to eye" with pressure washer so sent him away. neighbor felt pressure washer did not have an adequate solution to cleaning unfinished wood. I talked with neighbor and she is currently trying to find a different pressure washer that can do the job.
This is where i stand right now. I am confident that we can come to a solution. (I don't think it would be hard to clean mortar dust off a house) and the contractor currently is ok with paying for the solution. I am worried that neighbor might want reimbursement for the partial paint job, or claim there is permanent damage. What can i do more than talking with the neighbor to prevent any legal responsibility in the future? I haven't paid the contractor yet, should i wait till the problem is resolved before I do?
I'm not remotely qualified to answer your main question (and IANAL), but thought I'd add my $0.02 anyway.
I'd document everything. It doesn't sound to me like your neighbor is going to do this in 'good faith.' (How do you "not see eye-to-eye" with someone who comes to wash your house for free?)
I'm with BobbyDigital: it's not like the contractor haphazardly started spraying dust everywhere. He went out of his way to accommodate her.
(Whether this has any legal meaning or not, I have no idea.)
posted by fogster at 1:05 PM on August 9, 2007
I'd document everything. It doesn't sound to me like your neighbor is going to do this in 'good faith.' (How do you "not see eye-to-eye" with someone who comes to wash your house for free?)
I'm with BobbyDigital: it's not like the contractor haphazardly started spraying dust everywhere. He went out of his way to accommodate her.
(Whether this has any legal meaning or not, I have no idea.)
posted by fogster at 1:05 PM on August 9, 2007
Even if she is a jerk, it's definitely between her and the contractor.
posted by mrbill at 1:06 PM on August 9, 2007
posted by mrbill at 1:06 PM on August 9, 2007
God forbid the EXTERIOR of her house is exposed to the elements, so being so accommodating, worry less.
If she bothers you, talk to her less.
posted by Max Power at 1:14 PM on August 9, 2007
If she bothers you, talk to her less.
posted by Max Power at 1:14 PM on August 9, 2007
Yarr. I'm no lawyer either, so what do I know? I, however, assume your home is insured. Is your insurance agent someone whom you can go to for honest advice? If so, I'd expect him/her to have experience in cases of contractor-related damage and bitchy neighbors threatening suits.
I would assume, though, that the contractor is the more likely target of any suit. Pity, because it sounds like they're doing their best to keep things happy for everyone.
posted by mumkin at 1:15 PM on August 9, 2007
I would assume, though, that the contractor is the more likely target of any suit. Pity, because it sounds like they're doing their best to keep things happy for everyone.
posted by mumkin at 1:15 PM on August 9, 2007
I think the neighbor made the mistake of allowing you to continue work. Dust on a finished paint job is about as easy as ONE TWO THREE
1) Bust out hose
2) point hose at house
3) turn hose on
She obviously is one of "those people"
My advice; Document EVERYTHING. Proceed with caution.
posted by crewshell at 1:29 PM on August 9, 2007
1) Bust out hose
2) point hose at house
3) turn hose on
She obviously is one of "those people"
My advice; Document EVERYTHING. Proceed with caution.
posted by crewshell at 1:29 PM on August 9, 2007
Response by poster: I just got a copy faxed to me of the agreement between the neighbor and the contractor. It states that the contractor would pay a specified total to get the house professionally power washed and releasing them from liability. Since the first power washer showed up and she sent him off they mailed her a check... This should be the end of it, anything else i need to worry about it in the future?
posted by retro88 at 3:25 PM on August 9, 2007
posted by retro88 at 3:25 PM on August 9, 2007
This thread is closed to new comments.
posted by BobbyDigital at 12:45 PM on August 9, 2007