Legal Question in Civil Litigation in California

My neighbor and I had a fence fall over. I suggested we build a wall, with me providing the labor, and split the cost. They agreed. We did a wet set on the wall, meaning we laid the first course of block onto the footing right after it was poured. As the footing settled and dried, the first course of block settled with it. As we got further up the wall, it became apparent that the wall is not straight, vertically nor horizontally. I have two potential concerns, the first being that they decide not to repay me the rest of the monies owed, which I could get over. The main concern is whether or not they have a legal recourse to sue me with the intent that I tear down and rebuild the wall at my own expense. I never made any statements expressed or implied suggesting that I was a professional mason. Do they have any legal recourse against me?


Asked on 3/13/12, 4:14 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Your masonry skills are atrocious.

But I can't answer your question, because you fail to tell us whose property the wall sits on, and any other specifics of your agreement. It is also not clear why they owe you money, as you volunteered to provide the labor, and they split the costs. So it would appear to me that they kept their end of the bargain, in paying for the materials, and you ruined the wall.

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Answered on 3/15/12, 2:27 pm


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