Landwork Enterprises Inc

Complaint: ***I am rejecting this response because:
This business owner does not seem to understand that he is legally responsible for damage he has caused to my neighbor's property Claiming that he fulfilled the contract is a non sequitur to the issue of damage caused Yes he built the wall as the contract specified However, in doing so he caused damage that he refuses to fix.
This business did not contract to add additional drainage to my neighbor's property because it was never envisioned that the wall he built would cause a drainage issue there We also did not discuss repairing my neighbor's house on the condition that the business accidentally smashed a hole in his wall The point is, you cannot contract for something if you are not aware that it will be a problem
The business is a licensed, professional landscape contractor I am not The contract was for a retaining wall to be built It was never mentioned or discussed that the manner in which he built the wall would cause drainage issues to my neighbor's propertyWhen I spoke with the business after the fact, his argument was "how was I supposed to know the water would not drain in that area?" As a professional, he should have envisioned that creating a single drainage point at the low part of the wall might create issues Again, as someone with zero experience in this field, I took his word when he explained that he had years of experience building retaining walls
At no point, prior or during the construction of the wall did the business ever discuss the possibility of drainage problems at the base of the wall At no point prior to the retaining wall being built did my neighbor have drainage issues in his yard My neighbor and I will both submit sworn affidavits to that effect Obviously, if the business had thought of this issue, it would have been raised to me and/or my neighbor It makes no sense that I would spend nearly 20k to put up a retaining wall only to have it flood my neighbor's yard and ruin his new shed It also makes no sense that my neighbor would build a shed in the exact spot that he knew there would be a flooding issue
In sum, the wall built by the business created damage to an adjoining property The contract did not discuss additional drainage because the business never mentioned the necessity for additional drainage Foreseen or not, the wall does not adequately disperse the drained water and as a result my neighbor's yard has been damaged The business should be responsible for rectifying the problem it created.
Sincerely,*** ***

We remove an existing rail road tie retaining wall located on the clients property line. The only access to remove and replace the wall was from a neighbors property which was located below my clients property. We replaced the old R/R wall with a new Keystone type wall. Because of the exiting...

water coming from behind the old wall, we added a new drain line to help alleviate any future hydrostatic water pressure on our new wall we installed. I made it very clear to the client that there was and exiting water problem and the water will be picked up by our new drainage and my contract clearly states " the drain pipe will be day lighted out in front of the wall". The water has ALWAY gone through a low spot onto the neighbors property and it we left it as it did before we did our work.
The neighbor asked that we level an area for him to install a future shed which we gladly did and we re rocked his driveway area we disturbed and also added crushed rock to the new pad for his future shed. In addition we top dressed the disturbed area with topsoil and over seeded with grass seed. We also created a swell to carrier the water away from below the new wall and past the corner of the neighbors house.
I mentioned to the client that additional drainage should be installed if his neighbor would want the underground water from behind wall piped off to a lower spot on his neighbors property.
My contract was to remove and replace and a retaining wall and add drainage behind the wall. We did not contract to add additional drainage to a property the client did not even own.