Legal Question in Real Estate Law in Washington

Moving Company Damage to real property

Our moving company knocked over a permanent stone decorative post with their moving truck. It is a brand new home and the mason that originaly built the post said it could not be repaired and would have to totally be redone. It is over 700lbs. The moving company said they didn't have to do anything at all because they are not responsible for damage to sidewalks and curbs, which of course this is neither. To make us happy, they said they would make it look like it did before by repairing it. Our problem is we want it to ''be'' like it was before, not just look like it. They are also telling us we can't choose who does the repair work. We would like to know if we can make them replace it and if we can choose who replaces it.


Asked on 2/04/04, 11:03 pm

1 Answer from Attorneys
Gary Preble Preble Law Firm, P.S.

Re: Moving Company Damage to real property

First, you need to carefully read with the contract you signed with them. You are most likely able to both have your own repairman and to be made whole. In this case, being made whole means replacement rather than repair.

If the value of the post is under $4000, you can take them to small claims court. See chapter 12.40 RCW at http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion=12.40.010 for the law in small claims court.

If the amount is greater than $4000, hopefully there is an attorneys fees clause in the contract, which means your recovery for repair would not be eaten up with the cost of recovery.

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Answered on 2/04/04, 11:44 pm


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