Breaking down Barriers between neighbors.... and the liability to re-build them again.

A girl's horse crashes through the neighbor's fence (we don't know why the horse does this, but it is irrelevant). The girl's father  told the neighbor that he would have the fence repaired immediately at his own cost.  The father hired a local contractor to do the work.  The contractor did a poor job and did not fix the fence properly.

Assuming that there was an enforceable agreement between the father and the neighbor, would the neighbor have an action against the contractor?

Some would presume no because the contractor and the neighbor did not have an agreement between them regarding the type and quality of the repairs to the fence, and therefore the neighbor can only sue the father of the girl who ruined the fence.


However, the neighbor CAN sue the contractor for the poorly repaired fence because the neighbor was a creditor beneficiary of the contract between the contractor and the father.

A "Creditor Beneficiary" is a third party to a contract that a promisee entered into with the primary intent of discharging his obligation to the third party.  In this case, the father entered into a contract to fix the fence with the primary intent of satisfying his offer to his neighbor to fix the fence.

In conclusion the neighbor can sue the contractor for a poorly repaired fence.  

As any good contractor should know: good neighbors, especially horse neighbors, require good fences!



Happy Labor Day!  
Take a well-deserved break: remember, "work hard--play hard" is the way to go
(My horse Lux, a typical gray whose favorite break from working is to get dirty!)