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What is the appropriate action in this situation?

What is the appropriate action in this situation? My property is adjacent to new home construction. The builder needed to break ground for the foundation. As a result, part of the ground included my yard and door. My yard is adjacent to the side of the new home. The builder promised to repair the concrete and replace the door. The builder recently poured concrete for a new walkway in front of the new home but did not pour concrete to repair my yard and did not replace the door. Because the temperature is decreasing, I'm concerned that the concrete work will not ever get done. I have not been given an update as to when the work will be done. I've called and emailed the contractor but they are not responding. Is a mechanics lean appropriate in this situation?

1 reply

Oct 11, 2019

A mechanics lien is an interest in improved property that is given to the party who improved it to ensure s/he gets paid. So, for example, if the contractor pouring the concrete for your neighbor did not get paid for his/her work or materials, that contractor could file a lien against the neighbor's property. If the contractor remained unpaid, a foreclosure action could be initiated to enforce the lien, and the property could be even be sold to satisfy the debt. Because the idea behind mechanics liens is to ensure that payment is made to construction participants for their work or material, they are not remedies for homeowners against contractors for shoddy work, or against other parties for negligent actions. If a contractor damages a third-party's property during work for somebody else, the contractor is generally liable to the third party for the damage. Usually, the contractor is not intentionally damaging the property, so the recovery would be through an action alleging negligence by the contractor - that s/he wasn't exercising enough care. However, there may be other causes of action through which recovery can be made, as well. For example, if there was a verbal agreement to undertake certain work, a breach of contract action might also be applicable. In any event, if communication with the offending party isn't getting anywhere, a lawsuit may become necessary. In order to save time and court costs, it may be worth looking into small claims court, if the damage meets the jurisdictional requirements. Otherwise, a Pennsylvania attorney could examine the whole situation, and provide some guidance and assistance in pursuing your claim if you decide to go to court.

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