My question involves a consumer law issue in the State of: Hawaii
I have a client who has and up-slope property with retaining walls bordering two sides of their property.The face of the retaining walls are on the property line or just slightly encroaching into neighboring property. The retaining walls will be receiving a 6" thick concrete facing which will help stabilize the walls. Unfortunately, the 6" facing will surely create an encroachment into the neighbors property. Also, I will need to access the two adjacent neighboring properties to do the work.
I have alerted my client that this proposed retaining wall repair project will create an encroachment greater than 6" and that my crew will need to access their neighbors property to perform the work. My client says he knows his neighbors and they are fine with the work. I don't think my client wants to go through the hassle of making a formal encroachment agreement or having them sign any agreement to allow my crew access to their property to do the work.
I have one general condition to my contract that reads, "Any easements, boundary surveys, or permission to encroach on adjacent property if required by job conditions is the responsibility of Client." Is this sufficient to protect me?