I have a townhouse
that was built in 2010 in Seattle, WA, and is not attached to, or part of any homeowners association
. There is a 6ft. high cedar perimeter fence that separates my townhouse from the lot next door. This fence is technically on and part of my townhouse property.
Approximately, August, 2015 demolition of an old house and construction
of three new homes began in this lot next door. Last September I noticed pretty severe damage to my fence, approximately four poles are completely broken and various other damage(s). I have film that shows my fence completely intact and straight just as demolition and construction began.
Anyway in last October I confronted the builder(of the new houses) about this damage to my fence. Specifically,I pointed out the great loss of soil and rock that has been lost near the fence posts, clearly as a result of the demolition and construction. The builder
refused to do anything about my damaged fence, at the time, or at any point in the future, because my fence posts were already dry rotting, and that made him exempt from any responsibility.
I stated that even if there was some deterioration on the posts, the fact that his construction removed critical rock and sand, (which supports the posts and concrete post support) created the condition which caused the posts to fail. He denied any responsibility, and the fence is literaly blowing in the wind and being further damaged at present.
How can I persuade or force this builder, to fix the damage his construction caused?