QLD Repairs to an existing retainer wall

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Kayleelah

Member
5 May 2020
2
0
1
We have a rental property in an area where we cannot attend due to Covid19. Our new neighbour advised us that the existing retainer wall required repairing due to the monsoonal rain we had in February this year. When this retaining wall was constructed we suggested to the previous owner that he ensure the footings were placed deep enough to fully support the wall due to the soil being very sandy. (I now question whether our suggestion was actioned) This previous neighbour then placed a garden bed alongside the retaining wall. Obviously to ensure the plants grew, they were regularly watered etc. (Damage to the wall would have been occurring prior to the heavy rainfall in February)

We advised our new neighbour that when the Covid 19 restrictions had lapsed we would come and investigate the current retainer wall situation. She sent us photos and then proceeded to repair the retainer wall. (She did however provide us with a copy of her approved quotation.)

Our new neighbour has now advised that the retainer wall had been completed ……the total cost being doubled and demanded that we pay half the costs within seven days or she will take legal action. Where do we stand with this demand?
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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501
2,894
Gold Coast, Queensland
lawtap.com
First - ensure the quote you received wasn't for half of the full amount.

Aside from that, I'm going to assume you either expressly or by conduct agreed to bear half the cost of the repairs? There are arguments for and and against doing this, but I won't digress on them unless that's relevant.

I'm also going to assume you're on the 'high side' of the retaining wall from the comments about the garden and the discussions with the previous neighbour.

I'd be raising the original agreement and quote and asking for an explanation as to why the costs have doubled, and why you were not consulted before this was agreed to. Insist that something comes from the builder concerning this. As a show of good faith (and it makes further argument/discussion easier by having the 'high ground'), I'd also suggest paying the proportion that you originally agreed to pay on the basis this was what was agreed and does not constitute any acceptance of liability for the balance they're claiming is owed.
 

Kayleelah

Member
5 May 2020
2
0
1
Thank you Rob.
The quote was for the full repairs and at no time did we agree to proceed. Your information is appreciated.