NSW Neighbour has excavated beyond the boundary, and now we need a retaining wall

[Ab141]

Hello,

I am building a house that is essentially complete. Unfortunately the contractor excavating the block next door has excavated beyond the boundary, and now it is impossible for our fences to be erected without a retaining wall. They have removed large chunks of rock - of which our house sits on.

We’ve been communicating with the builder next door, but they seem to be shirking responsibility, and placing it on the land owner.

Because our fences are in our building contract, council and our bank will no longer sign off that our build is complete. And everyone is waiting for the fence/retaining wall issue to be rectified. However, we don’t seem to be getting any answers about that either.

Any help with things we should try next so that we can finally move into our home would be great!

 

[Tim W]

Simple. But you'll need a lawyer to do it.
Sue both the contractor and your neighbour jointly and severally.
Then wait, while they dog eat dog between themselves.
Somebody will offer you a negotiated settlement soon enough.