My neighbor and myself agreed to create boundary wall by taking half from both side so the wall will be in center and both parties have equal rights on it. My neighbor asked us to create the stone foundation wall below and they will create the wall on top after the foundation is done and share the cost equally. So we fixed date and took our contractor to create the foundation wall, neighbor didnt object and he was also there when the construction was happening. After completion of the work we paid the contractor the full amount. From the next day onwards our neighbor started complaining the work was not done perfectly and the amount charged for the work is too muck. We gave contract on meter cube rate. After completion the contractor measured the breadth, length and height and on the meter cube calculation we paid the amount. My neighbor keep saying the height below ground is not properly measured that he saw that the workers didnt dig very deep below. And keep saying the work would have been cheaper if it wasnt given for contract.
He knew that we were bring a person on contract before starting the work. He could have objected then. after constructing the wall there is no point in saying this. It was on a mutual agreement that we started construction.
They dont seem to have any plans to pay us half the amount and are planning to construct the wall on top. I dont want them to construct the wall without they paying half of the foundation wall cost as agreed.
What should I do to get my money back. If they had objected in the beginning, I would have constructed the wall inside my plot and not in the center. Now the wall has become a common wall since it is in the center. Can I object the construction of wall on top. Can I give a stay?
I tried to get the constructor to come and show them the exact measurement, he is keeping on postponing, incase there is any error in the height, can I file a complaint or case against the contractor, I have a receipt signed from him stating the measurement and the amount charged. Also have a letter signed by him in the beginning in his letter head. Can I file a case against him if he has charged us for the wrong height.
Please suggest.
