Forums / Property Investing / Help Needed! / Fencing advice for new build, few issues.

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  • Kevin
    Participant
    @kevin
    Join Date: 2009
    Post Count: 9

    Hello,

    Seeking advice on an issue i am currently dealing with.
    Location of build: Qld

    New building nearing end of build. Neighbor contacted me asking if i would split the cost of a boundary fence.
    (All polite and going off of memory instead of rereading text messages)

    Me: Sure, are you happy with a 50/50 split.
    Neighbor: Great, cost it ~$1,800.
    Me: Let me check with my builder, I am sure i have been charged for the fence build in my build contract. If mine is cheaper we can go 50/50 on that (he pays me). If yours is cheaper, 50/50 on your price (he pays me). I get to recover some cost of the fence.
    Neighbor: He agrees.

    Me: My price is cheaper, what is your email address and i will send the info…
    Neighbor: agrees and provides email.

    I have sent the email and heard nothing back since, has been about a week.
    I have messaged him trying to find out what is happening, he is ignoring all correspondence.

    Now to the builder.

    • Requested quote from builder for that portion of the fence. They provided costing in an email but not a quote (document).
    • Builder is now stating that the fence is not included in the cost of the build contract and that it is something that is normally borne by the builders or sole builder.
    • Asked for clarification in my contract as to where this is stated. The contract indicates in plans and other documents that the fence is included as apart of the price
    • Builder requested details of neighbor to recoup cost of the fence for themselves. i declined to provide the details at this stage.

    Builder has now gone quite with regards to the fence issue, they are looking in to it further.

    ** Standard case of they were all chatty when the thought they were getting money***

    I have now started the process of a “Notice to contribute for fencing work”. Neighbourhood disputes Act 2011 – Section 31.

    As a part of this i need a quote from a fence builder to provide with the form.
    I suppose the email from the builder isn’t enough?

    I have suggested that i would inform the builder not to build the fence and he can sort it out himself. This would mean a slightly higher cost, as long as my builder pays me back, which they are trying to get out of.

    Are there any other options that may be available?
    Any good advice that people who have been in this type of situation would suggest.

    Other fences have been built by ‘unknown’ persons. My builder has charged me for these fences, even though he didn’t build them. Requested reimbursement, currently being looked in to…

    Taking everything in to consideration. Some not included here.
    Total cost if i pay for everything as per contract: ~$3,500
    Total cost if neighbour supplies his part ~$2,300
    Total cost if builder reimburses as he didn’t build all fences: ~$1,000

    As above, Any thoughts on how to handle both issues?

    regards,
    Kevin

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