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  1. #1
    Join Date
    Mar 2009
    Posts
    3

    Unhappy Retaining Wall Failed After 6 Days

    My question involves a consumer law issue in the State of: Tennessee
    We bought a house and one of the repairs we requested was a retaining wall to be replaced. The seller had a landscaping company replace the wall with a unit block wall. The wall was completed on Monday and we closed on Wednesday. The wall toppled completely over on Saturday morning when it rained for the first time. This is a rather tall wall about 7-8 feet tall and about 75-100 feet long. It is at the end of my driveway. The landscaping company said they sent an engineer to determine why the wall failed. That was last Tuesday a week ago. So it has been 9 days and according to the landscaper he is still waiting for the engineer's report. This past Friday we noticed our deck was leaning because the blocks the supports rest on had came out when the wall fell. We told the landscaper and he said he would send someone out to brace up the deck on Saturday. No one came on Saturday. Here it is Wednesday and I have not been able to get in contact with the landscaper. I have left several messages and he will not return my calls. Earlier today I called him twice and he turned his phone off after I called.

    What should I do?
    I filed a complaint with the BBB earlier this week.
    I also sent my story into the local TV news consumer advocate guy.

    Should I sue? If so who do I sue? The landscaper, the person I bought the house from, or both? I did not pay the landscaper to put the wall up the seller did. Should I sue the seller for not having the work done in a "professional and workman like manner?"

    Thanks

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Retaining Wall Failed After 6 Days

    If your homeowner's insurance is in effect, you could make a claim.

    The seller had the landscaping company do this work - so they, not you, signed the contract with the landscaper? They picked the landscaper with no input from you?

  3. #3
    Join Date
    Mar 2009
    Posts
    3

    Default Re: Retaining Wall Failed After 6 Days

    I doubt my homeowners insurance would cover it since it is a earth movement/landslide type event. Yes the seller signed and paid for the wall before closing. We just told them what type of wall we wanted and left it up to them to get it up.

  4. #4
    Join Date
    Sep 2005
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    Default Re: Retaining Wall Failed After 6 Days

    Suing the contractor is made a bit more complicated by that; you might have to proceed on the basis that you're a third party beneficiary, or get an assignment of rights from the former homeowner; but at this point I'm probably overanalyzing. It may be that as soon as the engineer's report comes back, the contractor will try to fix the mess. If it comes to that, you can sue for up to $7,500 in small claims court; what sort of repair bill are we talking about?

  5. #5
    Join Date
    Mar 2009
    Posts
    3

    Default Re: Retaining Wall Failed After 6 Days

    Well I finally got ahold of the contractor and he is pulling the "my people say to not talk to you anymore bye." It will be hard to get anything from the seller because he is not returning my phone calls either.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Retaining Wall Failed After 6 Days

    That's what people do when they believe somebody is hounding them. I know that waiting can be hard, but sometimes it's necessary.

    I am in no position to guess anybody's intentions at this point; you may wish to consult a lawyer next week about possible litigation.

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