Legal Question in Construction Law in Minnesota

Liability

I hired a contractor to perform landscaping work. I clearly indicated the property line to the contractor (showed it to him). For some reason the contractor removed some trees beyond the line from neighbor's property. Neighbor demands (through a lawyer) that I pay damages.

Who is responsilbe: I or a contractor?


Asked on 8/14/04, 2:35 am

1 Answer from Attorneys

Vincent W. King Vincent W. King, PA

Re: Liability

Fact is, you are both responsible. You, because by law you are responsible for the contractor's actions and the contractor because he did it.

You should turn the lawyer's letter over to your homeowner's insurance company and send a copy to the contractor, advising him to turn the matter over to his insurance company. Both of you should have coverage for this incident. What will probably happen if the contractor fails to take action or if his insurer is reluctant to address the claim, is that your insurance company will pay the loss (subject to any deductible payable by you) and then go after the contractor.

Standard disclaimer: The above is given based on limited facts and information presented. Conclusions may differ significantly based on different facts. We do not have an attorney-client relationship.

That said, good luck to you and let me know if I can be of further assistance.

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Answered on 8/14/04, 11:49 am


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