Need Advice: Adjoining Unit Wants Me to Pay for Hole in Shared Wall

Jackson on 30/03/2017 - 20:26
Last edited 30/03/2017 - 20:31

Hi to the awesome community!

Long story short, a tiler I hired to tile my bathroom put a small hole in the wall while working out if I could have a niche made. Hole is probably only the size of your fist, but I haven't seen it from their side. I immediately went next door and knocked but no one was home and then went back 3 more times to leave notes and then check that someone had them. Eventually after a few weeks I spoke to the persons carer who advised me that the person is in hospital and therefore it was hard to get hold of them. I persisted and was told someone would get back to me but no one ever did, and so eventually I just guessed that no one cared enough to have it fixed, or that they just fixed it themselves (it's a small hole after all).

Fast forward 3 years, and this person has rest their soul passed away. Now the person inheriting the house asked that I fix it, and I offered to go and fix it myself, because I am not in touch with this tiler and to be honest I think even if I can get a hold of them they will tell me to go jump.

Apparently fixing it myself isn't good enough for this person, they want me to source a licensed renderer. Apart from the fact that jobs under 1k, which this certainly is, don't require one, they want to just hire their own person and send me the bill. Frankly, I think that's just strange, and leaves me open to fraud because they could get someone to write up a dodgy receipt and then split the cost with them. So what else to do in this situation but check in with the community to see what you all thought about it. What would you do?
Thanks for all your help!

Poll Options

  • 1
    Pay their renderer
  • 28
    Offer to get a licensed renderer myself
  • 1
    Hire any handyman to do it
  • 4
    Stick to my original offer of fixing it for them myself
  • 3
    Not offer to do anything
Home & Garden

Comments

  • charzy on 30/03/2017 - 20:37
    +2

    Get them to give you 3 quotes from 3 separate renderers. It may be beneficial if you also get quotes too so you know you're not getting ripped off.

    • Jackson on 30/03/2017 - 20:52

      The issue is paying a renderer to come out and fix a hole that is so small is overkill, I don't think renderers who only turn up to do big jobs are ever going to want to turn up for a job like this. If it was electrical, plumbing etc of course there would be no other option but to

      • charzy on 30/03/2017 - 21:06

        Yeah but you're not the one finding the renderer. They are. If it's that small and they can't find anyone to come out because the job isn't worth it, maybe they'll let you fix it then.

        • Jackson on 30/03/2017 - 21:20

          What I am worried about is that they said they want the hole fixed to paint. Woukd be very easy for someone to take a 1k paint bill and $100 hole bill and reverse those costs

  • chumlee on 30/03/2017 - 20:42
    +1

    Get a couple of your own quotes or if neighbour will not give you access try to take a photo and get rough quotes from the photo.

    You should pay for it as your tiler caused the hole but if you don't mind annoying your new neighbour who may sell the place anyway then leave it

    • Jackson on 30/03/2017 - 20:53

      Having said that am I really liable? If my tiler ran over a kid in my driveway am I liable for that?

      • chumlee on 30/03/2017 - 20:55

        As mentioned below i doubt you are legally liable as ownership has changed. Maybe offer an amount you think is fair

        • SirFlibbled on 31/03/2017 - 12:17
          +1

          They're liable. The Tiler acted on their instructions to put in a 'niche'. IMO punching a hole in the otherside isn't grossly negligent enough to absolve the OP for the hole.

          The change of ownership wouldn't absolve them of liability, particularly as it wasn't through sale but inheritance.

  • dan76n on 30/03/2017 - 20:50
    +8

    I know this might sound bad but I'd do nothing and I might be wrong but they can't pursue it.
    The damage was there when they inherited the property so what happened prior to them owning this is not really their business.
    You tried to do the right thing so I don't think it's unreasonable for you to just leave it after 3 years.
    At most I'd give the tiler a call who did it and explain the situation and see if they are willing to fix it. If they say no then I don't think it's your responsibility.
    Without discounting the sad nature of the situation I don't see how you can be held accountable now.

    • Jackson on 30/03/2017 - 20:56
      +1

      This was something that crossed my mind, thank for the input. Realistically they are inheriting the unit in the condition it's in, not in some condition it was in 3 years ago. I don't want to be an a-hole about it which is why I offered to fix it, but if they insist on making me shell out some exorbitant cost this could be a defence not to pay

      • dan76n on 30/03/2017 - 21:20
        +1

        It sounds like you have been very reasonable throughout and they are just being very opportunistic.
        Mind you it's easy for me to say don't pay for it but I'm not living next door to them.

        • Jackson on 30/03/2017 - 21:21

          The people who inherited are selling, which is why they want it fixed

  • [Deactivated] on 30/03/2017 - 22:31

    it's been 3 years, and you attempted to get it fixed back then. are you still liable. I wouldn't worry about it.

  • Diji1 on 30/03/2017 - 22:49

    Speak to a lawyer or other expert that would know and is not a random internet person.

    • Jackson on 30/03/2017 - 23:00

      I just did, I am lucky I know someone. They said that while I have been reasonable, technically the person can have the fix made and ask me to pay, and that the best course of action would be to pick a number that I think is fair and tell them I will pay this much if they want to do their own thing.

      But I will say that your comment isn't that helpful, no one is going to pay for a lawyer and not everyone is lucky enough to know someone they can ask. One of the problems in society today is lack of access to lawyers for thise who can't afford them

      • Euphemistic on 31/03/2017 - 07:27
        +1

        Actually one of the problems in society today is thinking that the need a lawyer to get 'compensation', or needing a lawyer to get out of doing something they should.

        (Not saying you are trying to get out of this one though)

        Just offer them $100 in good faith as you caused the issue and tell them it's all you can afford right now. Then if they decline say it's $100 or I fix it myself.

        • Jackson on 31/03/2017 - 17:49

          You're right, there's 2 sides of every coin and on one hand too much litigation is an issue also

      • SirFlibbled on 31/03/2017 - 12:21

        I agree with your lawyer friend. At the end of the day your legal responsibility is to put them in a position they were in before you punched a wall into it, not a rolls royce fix.

        The problem isn't actually going to be the patch up, it's going to be the painting.

  • snook on 30/03/2017 - 22:54

    Yeah, it's been 3 years. I wouldn't worry about it either.

  • [Deactivated] on 31/03/2017 - 00:44

    their being totally unreasonable about the situation you have obviously tried to do the right thing, maybe just ignore their calls, letter etc let them waste the time now. Maybe they will realize the cost is so low anyway they might not bother anymore.

  • altomic on 31/03/2017 - 11:00
    +3

    stick a picture of jack nicholson within the hole - i.e. The Shining

    • Jackson on 31/03/2017 - 17:51

      Gold

  • [Deactivated] on 31/03/2017 - 11:16
    +2

    You made the hole - you need to fix it.
    But if it was me I would take 3 years to get it fixed.

    I had one supplier who always invoiced me late and wanted the money within 7 days.
    I made him wait the same amount of time it took him toinvoice me before I paid him.

    He got this sh1ts when I delayed a payment for a job he did 2 financial years ago.
    I should add - I was constantly asking him for invoices.

  • minniethemoocher on 31/03/2017 - 14:13

    It's been 3 years, I'm not sure what they expect. Give them the details of the tiler and tell them to follow it up.

  • ilikeradiohead on 31/03/2017 - 17:18
    +1

    3 years is pretty long. What if you had moved, would they expect the new owner to rectify the situation? I don't know what the correct course of action is though, just my 2c.

  • Jackson on 31/03/2017 - 21:25
    +1

    Thanks for all your help, after explaining the situation the owner was fine with me fixing it. We'd actually met once but they didn't realise I was the same person. I guess it goes a long way to be genuine with people.

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