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  1. #1
    Join Date
    Sep 2015
    Posts
    5

    Default Responsibilty for Repairing a Shared Boundary Fence

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

    So this old fence finally fell. Some 30 yrs old+. Neighbor wants brother-in-law to provide labor and I provide material. brother-in-law is un-licensed and I do not think this is good idea for liability reasons. I suggested we get a lic'd contractor and split it. She stopped talking. I am getting bids and she has brother-in-law taking measurements (today), presumably to bet me to the punch of having a licensed contractor do the work. I had planned if this got ugly to simply sue her in small claims - looking at California civil code 841, it is very clear we share the fence and it's expense.

    What do I do if they start building a cheap crappy fence? I want a cheap fence, I just want it done professionally, under license, and with new material, not junk wood from other work sites.

    Thanks

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Calif Fence Falls Neighbor Won't

    is a permit required in yuor area to install a fence?

    Does an installer require any sort of license to do the work?

  3. #3
    Join Date
    Sep 2015
    Posts
    5

    Default Re: Calif Fence Falls Neighbor Won't

    A permit is not required to build the fence. Now I have not found anything on whether they need to be licensed or not, BUT I did read this:

    "California law requires that all persons who act as a "contractor" on behalf of a property owner or other person and who performs work or installs fixtures on a property other than for hourly wages must be "duly licensed" as a contractor by the Contractors State License Board"

    from here: http://www.hg.org/article.asp?id=18310

    So this individual is acting as a contractor and according to this should be licensed.

  4. #4
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Calif Fence Falls Neighbor Won't

    The matter is addressed in Section 841 of the California Civil Code, which can be found here:

    http://leginfo.legislature.ca.gov/fa...er=2.&article=

  5. #5
    Join Date
    Sep 2015
    Posts
    5

    Default Re: Calif Fence Falls Neighbor Won't

    I appreciate it, but CCC 841 doesn't cover the hiring of a unlicensed contractor and the ramifications of how that relates to the property owner who does not agree to their doing a job. that is my problem. This neighbor "hiring" a family member who does not own the property, nor lives there, to build a fence w/o a lic.

  6. #6
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Calif Fence Falls Neighbor Won't

    But prior to hiring her unlicensed contractor, did she first comply with 841 CC?

  7. #7
    Join Date
    Sep 2015
    Posts
    5

    Default Re: Calif Fence Falls Neighbor Won't

    No she has not, starting with "30 days written notice" before acting. No. I did not educate her either (yet), but her action only started yesterday with measuring between the rotted posts which to me suggest they want to reuse the post in their present position (which is not a good idea). I already have my 841 compliance letter written and awaiting quotes from the contractors as one of the elements is the cost.

    Today I am calling my homeowners insurance agent, speaking with the city community development/building division, and state contractors board, figuring I could glean some insight from each.

  8. #8
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Calif Fence Falls Neighbor Won't

    Also pay attention to the license provision that if your neighbor hires an unlicensed contractor that contractor has about zero odds to get paid if you raise that issue after the work is done?

  9. #9
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,724

    Default Re: Calif Fence Falls Neighbor Won't

    Quote Quoting Maxster
    View Post
    My question involves real estate located in the State of: California

    So this old fence finally fell. Some 30 yrs old+. Neighbor wants brother-in-law to provide labor and I provide material. brother-in-law is un-licensed and I do not think this is good idea for liability reasons. I suggested we get a lic'd contractor and split it. She stopped talking. I am getting bids and she has brother-in-law taking measurements (today), presumably to bet me to the punch of having a licensed contractor do the work. I had planned if this got ugly to simply sue her in small claims - looking at California civil code 841, it is very clear we share the fence and it's expense.

    What do I do if they start building a cheap crappy fence? I want a cheap fence, I just want it done professionally, under license, and with new material, not junk wood from other work sites.

    Thanks
    Quote Quoting Maxster
    View Post
    A permit is not required to build the fence. Now I have not found anything on whether they need to be licensed or not, BUT I did read this:

    "California law requires that all persons who act as a "contractor" on behalf of a property owner or other person and who performs work or installs fixtures on a property other than for hourly wages must be "duly licensed" as a contractor by the Contractors State License Board"

    from here: http://www.hg.org/article.asp?id=18310

    So this individual is acting as a contractor and according to this should be licensed.
    Quote Quoting Maxster
    View Post
    I appreciate it, but CCC 841 doesn't cover the hiring of a unlicensed contractor and the ramifications of how that relates to the property owner who does not agree to their doing a job. that is my problem. This neighbor "hiring" a family member who does not own the property, nor lives there, to build a fence w/o a lic.
    If the neighbor is going to pay hourly wages to BIL, then he doesn't have to be licensed.

  10. #10
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Calif Fence Falls Neighbor Won't

    It's a mistake to even assume that the brother-in-law will be paid. He may be doing it gratis or for barter. How will you prove that she paid him and what amount when she hands you the bill for labor?

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