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-   -   Possible legal need - Seattle (http://forums.pelicanparts.com/off-topic-discussions/833386-possible-legal-need-seattle.html)

porsche356a 10-09-2014 04:19 PM

Possible legal need - Seattle
 
Fellow Pelicans -

My neighbor is considering a replacement of their front retaining wall. The contractor feels doing so may knock down my retaining wall, but will not accept liability because of the wall's age, and the condition in which he perceives it.

After I said I wouldn't accept fault in case of contractor negligence, he threatened to get the city inspector to certify my wall as "needing replacement." I ended the conversation there.

Knowing that forewarned is forearmed, what sort of attorney should I have on retainer?

Any suggestions -- Scooter?

Thanks.

lane912 10-09-2014 04:29 PM

I recommend a partner at Wall and Rebar-

motion 10-09-2014 04:30 PM

This thread is worthless without pic of wall.... and Porsche collection :D

porsche356a 10-09-2014 04:44 PM

Quote:

Originally Posted by motion (Post 8299564)
This thread is worthless without pic of wall.... and Porsche collection :D

The Porsches I can do, but none of the wall. I'm looking to protect an outcome, not garner an engineering discussion. Suffice to say the wall has been up for 90+ years and isn't going anywhere unless someone does something ridiculous to knock it down.


http://forums.pelicanparts.com/uploa...1412901793.jpg
http://forums.pelicanparts.com/uploa...1412901802.jpg
http://forums.pelicanparts.com/uploa...1412901814.jpg
http://forums.pelicanparts.com/uploa...1412901829.jpg
http://forums.pelicanparts.com/uploa...1412901841.jpg

Nostril Cheese 10-09-2014 04:46 PM

Did the contractor or the neighbor say he was going to call the inspector?

Seems the first thing to do is make peace with your neighbor if possible.. I helped my neighbor re-do his plumbing. He helped me pull an engine out of a big truck.

Nostril Cheese 10-09-2014 04:48 PM

Quote:

Originally Posted by porsche356a (Post 8299583)

That's sweet.

Don Ro 10-09-2014 04:52 PM

"That's sweet."
~~~~~~~~~~
Those are sweet!

Don Ro 10-09-2014 04:55 PM

What about contacting a different contractor for a review of your wall as sound?
Or maybe pre-empting your neighbor and contacting the city to do the same?

stomachmonkey 10-09-2014 04:57 PM

How much could a civil engineer's certified inspection cost?

I'd get 2-3 reports and have them handy.

Put copies in an envelope along with your attorneys contact info.

He's shown you his hand.

Get in front of it.

stomachmonkey 10-09-2014 04:59 PM

Oh, and if you do get your own reports don't tell the guy / guys you hire why you want it.

porsche356a 10-09-2014 05:05 PM

The contractor made the threat, the neighbor also thought it was uncalled for. We're fine. They are pausing the project until they figure something out.

I'll see what they come back with -- I just want to know which type of attorney, a GP doesn't seem like the right fit.

Don Ro 10-09-2014 05:08 PM

Quote:

Originally Posted by porsche356a (Post 8299624)
The contractor made the threat, the neighbor also thought it was uncalled for. We're fine. They are pausing the project until they figure something out.

I'll see what they come back with -- I just want to know which type of attorney, a GP doesn't seem like the right fit.

Sounds like the contractor wants the job.

porsche356a 10-09-2014 05:23 PM

Quote:

Originally Posted by Don Ro (Post 8299631)
Sounds like the contractor wants the job.

I'm sure he does. He might have had a shot at my work too... I'm open to remodeling the wall, but guy sure didn't go about it the right way. Now I'm in defense mode.

motion 10-09-2014 05:25 PM

VERY nice collection of Porsches. Congrats!

SoCal911T 10-09-2014 05:27 PM

Quote:

Originally Posted by porsche356a (Post 8299549)
he threatened to get the city inspector to certify my wall as "needing replacement."

I'm in code enforcement and unless your wall has OBVIOUS signs I don't see how a inspector could make any determination like "needs replacement" in the field. With a retaining wall, there are a ton of variables and at my agency, only an engineer would make that kind of call.

So unless your wall looks like this, I wouldn't worry too much at this point. On the other hand, if your wall IS questionable, maybe you should consider going in with the neighbor and replace your wall too and possibly get a group discount.

http://www.parmeleegeology.com/faili...ete%20wall.JPG

TimT 10-09-2014 05:42 PM

Quote:

My neighbor is considering a replacement of their front retaining wall. The contractor feels doing so may knock down my retaining wall, but will not accept liability because of the wall's age, and the condition in which he perceives it.
The neighbors contractor is trying to cover there ass for any damage that they do to your retaining wall.. The age of the wall does not matter...Your wall exists, it is there.. The neighbors contractor should be able to work in situ and have absolutely no affect on your property..If they do damage your wall... it is the neighbor/contractors fault...no matter the condition of your wall...

Take pictures and document the condition of your wall.. hold or place front page of daily newspapers, etc...

There is a reason there are sub-contractors that specialize in "underpinning foundations"

Seriously doubt that a city inspector would be able to condemn your retaining wall by a cursory inspection...

What you should do is document all this noting the intention of your neighbor working on there retaining wall, and taking a lot of pictures where the work is near or affects your property....

Quote:

How much could a civil engineer's certified inspection cost?
Probably for a residential property some amount of money

Wait what is the scope of the inspection...?

john70t 10-09-2014 06:39 PM

Quote:

Originally Posted by Don Ro (Post 8299631)
Sounds like the contractor wants the job.

"Just sows you know, stuff could happen. You get my drift?"

craigster59 10-09-2014 06:47 PM

Quote:

Originally Posted by lane912 (Post 8299562)
I recommend a partner at Wall and Rebar-

I think his best bet and strongest case is to go with Sinder, Block and Footing. SmileWavy

Don Ro 10-09-2014 06:51 PM

For sure don't call Dewey, Cheatam, and Howe.

porsche356a 10-09-2014 06:54 PM

Comedians, the lot of ya! :)

I was going to go with Wall, Dunn, Fall Esq.


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