NSW Landscaper dispute

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

AebMik

Member
3 October 2020
1
0
1
Hi, I'm hoping for some advice.
My brother recently moved to their brand new house. Their neighbor hired a landscaper to build a retaining wall. In the process, said landscaper used a grinder to slice off part of the wall post. Spewing hot dust on my brothers glass windows and doors. My brother did not cover the glass from the outside because they were working and were not advised of the nature of work the neighbors were getting done.

My brother's brand new windows and glass door now have these black spots that have burned through the glass. We had O'Briens check it and were told these could not be removed just by cleaning as the hot dust had burned through. They said the glass has been "fractured" in a sense. We reached out to the neighbor and landscaper, showed them the damage hoping to come to an amicable resolution. Landscaper rudely reacted and washed his hands clean, saying he only did work for the neighbor, not my brother and it is not his fault. We happened to video part of the discussion where he rudely denies it calling the whole thing and o'Brien's opinion "bulls**t".

We cant sit idly by and pay for the damage ourselves because we had spent more than expected with the new house, this is not an expense we can easily pay for. Especially when it was caused by someone else.

Sad to say that the discussion did not end well. No resolution because the landscaper stormed out after insisting it's not his fault. What are your thoughts on our claim to pay for the damage and the landscaper's stand of not being responsible? As the one who used the tool, but being employed by the neighbor, can he be held liable?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Both. Get quotes and send the quotes to both, saying refer this onto their insurance.
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
342
100
889
Ballarat, Victoria
Hi, I'm hoping for some advice.
My brother recently moved to their brand new house. Their neighbor hired a landscaper to build a retaining wall. In the process, said landscaper used a grinder to slice off part of the wall post. Spewing hot dust on my brothers glass windows and doors. My brother did not cover the glass from the outside because they were working and were not advised of the nature of work the neighbors were getting done.

My brother's brand new windows and glass door now have these black spots that have burned through the glass. We had O'Briens check it and were told these could not be removed just by cleaning as the hot dust had burned through. They said the glass has been "fractured" in a sense. We reached out to the neighbor and landscaper, showed them the damage hoping to come to an amicable resolution. Landscaper rudely reacted and washed his hands clean, saying he only did work for the neighbor, not my brother and it is not his fault. We happened to video part of the discussion where he rudely denies it calling the whole thing and o'Brien's opinion "bulls**t".

We cant sit idly by and pay for the damage ourselves because we had spent more than expected with the new house, this is not an expense we can easily pay for. Especially when it was caused by someone else.

Sad to say that the discussion did not end well. No resolution because the landscaper stormed out after insisting it's not his fault. What are your thoughts on our claim to pay for the damage and the landscaper's stand of not being responsible? As the one who used the tool, but being employed by the neighbor, can he be held liable?
Hi AebMik,

I think you may have a claim against both the neighbour and the landscaper. Have you got a quote for the cost of the damage? I would do that, maybe even get two. Maybe get a lawyer (or do one yourself) to write and send a letter of demand to both of them threatening legal action. Having said that, it is tricky doing such a thing with your neighbour, them being in close proximity to you.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,936
820
2,894
Sydney
Your brother sues them both, jointly and severally.
Then, he lets dog eat dog among themselves.
One of them will offer you a settlement,
just to make it all go away.