Hedges Damaged By Neighbor's Contractor

[brewcity]

My question involves real estate located in the State of: Wisconsin

I think this is in the right place but please forgive me if it isn't

hedges border our property and the previous owner put the fence on the inside of the hedges rather than on the property line (I corrected this after the incident described below).
at the time of the incident the excavators who are subcontracted by the builder building a home next door on the north side, were digging and they damaged 15 privet hedges of mine with a bulldozer/bobcat machine.
they promised to replace but at the time it was November and could not plant so we agreed to wait til spring to plant.
Could not get a proper quote from a nursery as they anticipated that the prices would go up next year but not by how much. @ the time they sold for $36 a piece during planting season


contacted in April and began getting the run around until today mid July. (told me today that they were on back order at a particular nursery and when I called them to find out what was up they had no knowledge of any order, nor do they sell that plant nor do they order them at all!)

planning on filing suit however the property at the time of the incident was in the name of the builder and now of the current owner who doesn't really know anything about this. do I have to name my neighbor in the lawsuit as well (which I don't want to do)? can I still pursue the builder and subcontractor (naming both in the suit)? any thoughts are appreciated......

[Happy Trails]

I would name the builder and the subcontractor in the lawsuit.

[brewcity]

they cant get out it right (builder, subcontractor)? because the ownership officially changed does that mean the liability changes as well? they are no longer liable, and the liability now falls on the new home owner? or would it remain their(builder, subcont.) responsibility because they are the ones who did it?

[bigcountrysg]

they cant get out it right (builder, subcontractor)? because the ownership officially changed does that mean the liability changes as well? they are no longer liable, and the liability now falls on the new home owner? or would it remain their(builder, subcont.) responsibility because they are the ones who did it?

The new owner is not liable for the old owners previous actions. You will name the Builder and Subcontractor in the suit you file. As you were trying to handle this out of court in a friendly manner when the damage happened. I hope you took pictures that day and have a record of events for your suit.