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Developer cut and fill

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HI Guys/Girls,

We purchased a block of land from a developer that had already had a cut and fill, the contract includes fences to boundary, the cut that was done has created the need for a retaining wall on one boundary (approximately 18mx 800mm high.

We have asked for the fences to be installed and have had numerous excuses, the latest one is that because the cut is on the boundary, i apparently have to pay and install a retaining wall first.

Should the developer either battered the block ( to late now, although that was one of there propsals) or put the retainer in as the cut the site?
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