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This is a fence that runs down a shared drive and my own property. Total cost of the fence was $3000. My share was 50% ,$1500 and the other 3 neighbours on the other side of the fence agreed to pay $500 each making up the other 50%.
I received 2 quotes ,the first was costing close to $6000 , the 2nd which was accepted was $3000 - for exactly the same 1.8M wooden paling fence .
The new fence was to replace a dilapidated run down fence of similar height and materials. I took pictures before & after.
Two of the neighbours have paid in full their share to me.
The third person of Asian descent now says he never agreed to pay!
This non-payer did originally agree that he would pay me his share verbally in a discussion i had with him shortly after the 2nd quotation was given to all parties in October 2014. His only concern was that his immediate neighbour was happy with the fence and then he would also be happy to pay his share. As long as the neighbour was happy he was all good with it!
The accepted quotation was given to all parties in October 2014 and the fence was built in late April. Just one day before construction was due to happen i encountered him in his driveway and reminded him politely of his payable share. Then he tells me he never agreed to anything and why should he have to pay. I told him under the fencing Act he was liable for contribution. His retort was ok get your lawyer to send me a letter! Discussion did not go much further. I was pretty stunned by this sudden backflip!
After the fence was constructed, the next day each party was sent their bill payable within 14 days as per the original accepted quotation with payment instructions to my account.The fence looks superb and has made a major difference to all properties concerned.I spent all my time getting quotes and meeting contractors onsite and now face a situation where all parties have paid me - except him.
His last response by way of an email in response to my request for payment, was that no formal agreement or meeting took place. His actual email to me below:
.................................................. .............
No legal notice of any sort was served and as a consequence the owners of x Drive.
There was no formal notice served to the owners of x Drive, there was only a display of quotation documents and a verbal explanation. During such exchange, it was made clear that there was no agreement surrounding the erection of the right hand side driveway fence. The recent letter stated there was an ‘agreed quotation’, which is a false statement because at no point in time the owners of x Drive expressed agreement towards the fence construction under the proposed circumstances.
There was no communal meeting that included the other parties involved, the owners of x Drive was not presented with many options to towards the materials or contractor used for the job. The second part states that ‘any part of the work on a fence that is done before notice relating to the work’ this relates to the above and the fact that the fence has already been completed. As a consequence, there is no liability involved.
It is in the best interest of both parties to come to an agreement, the owners of x Drive will not pay the $500 allocated amount by MSP within the 14 day period unless issues have been resolved properly.
...............................................
In response to the above email i sent him a detailed reply along with copies of the original 2 fencing quotes that had been given to him and again requesting payment of his fair share within 14 days as per the Fencing Act.
After nil response within 14 days i followed up again stating that the bill needed to be paid ,that both his neighbours had paid in full and it was only fair that he pay his share - And that in the event of non-payment the matter would go to court with added costs on top.
Still no response.
Not sure where to go with this now - as a last resort disputes tribunal.
I will have to get his full Asian name from council records as i only have a first name - that was all he initially gave me.
Bloody headache!
Any ideas?
I received 2 quotes ,the first was costing close to $6000 , the 2nd which was accepted was $3000 - for exactly the same 1.8M wooden paling fence .
The new fence was to replace a dilapidated run down fence of similar height and materials. I took pictures before & after.
Two of the neighbours have paid in full their share to me.
The third person of Asian descent now says he never agreed to pay!
This non-payer did originally agree that he would pay me his share verbally in a discussion i had with him shortly after the 2nd quotation was given to all parties in October 2014. His only concern was that his immediate neighbour was happy with the fence and then he would also be happy to pay his share. As long as the neighbour was happy he was all good with it!
The accepted quotation was given to all parties in October 2014 and the fence was built in late April. Just one day before construction was due to happen i encountered him in his driveway and reminded him politely of his payable share. Then he tells me he never agreed to anything and why should he have to pay. I told him under the fencing Act he was liable for contribution. His retort was ok get your lawyer to send me a letter! Discussion did not go much further. I was pretty stunned by this sudden backflip!
After the fence was constructed, the next day each party was sent their bill payable within 14 days as per the original accepted quotation with payment instructions to my account.The fence looks superb and has made a major difference to all properties concerned.I spent all my time getting quotes and meeting contractors onsite and now face a situation where all parties have paid me - except him.
His last response by way of an email in response to my request for payment, was that no formal agreement or meeting took place. His actual email to me below:
.................................................. .............
No legal notice of any sort was served and as a consequence the owners of x Drive.
There was no formal notice served to the owners of x Drive, there was only a display of quotation documents and a verbal explanation. During such exchange, it was made clear that there was no agreement surrounding the erection of the right hand side driveway fence. The recent letter stated there was an ‘agreed quotation’, which is a false statement because at no point in time the owners of x Drive expressed agreement towards the fence construction under the proposed circumstances.
There was no communal meeting that included the other parties involved, the owners of x Drive was not presented with many options to towards the materials or contractor used for the job. The second part states that ‘any part of the work on a fence that is done before notice relating to the work’ this relates to the above and the fact that the fence has already been completed. As a consequence, there is no liability involved.
It is in the best interest of both parties to come to an agreement, the owners of x Drive will not pay the $500 allocated amount by MSP within the 14 day period unless issues have been resolved properly.
...............................................
In response to the above email i sent him a detailed reply along with copies of the original 2 fencing quotes that had been given to him and again requesting payment of his fair share within 14 days as per the Fencing Act.
After nil response within 14 days i followed up again stating that the bill needed to be paid ,that both his neighbours had paid in full and it was only fair that he pay his share - And that in the event of non-payment the matter would go to court with added costs on top.
Still no response.
Not sure where to go with this now - as a last resort disputes tribunal.
I will have to get his full Asian name from council records as i only have a first name - that was all he initially gave me.
Bloody headache!
Any ideas?
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