Landscaper did not complete job, but billing me full contract amount?

Question

I had to fire my landscaper in May of 2008 for lack of commitment, inferior work, and suble harrassing tones. Our signed contract is clear as to what I wanted, but not very detailed. I wanted our entire property seeded, soiled, and graded.

In a nut shell, he patched up the holes with fresh dirt, and layed down seed over existing grass. The property was not graded AT ALL.

How can he still be sending me a final bill (i had paid him 2/3 up to the point i fired him)? He did not complete the job, and I was not satisfied with the work he had done. I also had to hire a landscaper just to clean up the mess he left behind!!

Can he send this to collections? How does a judge look at a contract that is clear, but lacks detail? Should I send him to small claims court just to get him to back off? I have not pursued suing him for money I believed owed to me. I just wanted to move on. Now I feel I have to protect myself.

what are my rights.

ps

He is a friend of my family, a future in-law............

Answer 1

Regardless of who he is, you make it a point that he took advantage of you because of that, ie....friend of family & future in law.

Yes he can take you for collections, you need to send him a letter/e-mail stating WHY you did not pay him. He knows the more invoices he sends and you don't respond (thinking it'll go away) the better his case will be.

Did you or the other landscaper take pictures of the mess he left behind? Do you have proof that he didn't complete the job you contracted him to do? Altho not "detailed" as you say it was "clear"....that counts in a signed contract. Take him to small claims court, unless your family is going to pay him for you, take his butt to court! Sue for money if you feel he owes you, the worst that will happen is you won't get it, but you remember you're mainly suing not to owe him any money!!!!

Tell your family you'd appreciate it if they stay out of this matter and not let it interfere with the relationship you already have with them. Business is business and this (altho he will be an in law soon) is not "family business".......stand firm!~

PS: ANYTHING that goes to "collections" goes on your credit report. Disputing it later and trying to get it off your report will be a huge headache and take much longer than you could ever imagine. If you can't talk him out of agreeing you don't need to pay him, small claims is your only viable option~

Answer 2

If he messed up your lawn to the point where you had to hire a landscaper, then he obviously didn't do what he was hired to do, and as a future in-law, you should be able to tell him this, and that you paid him as you would any and did not get what you wanted. Had i been you, i would not have paid him at all. you paid him 2/3s of what was owed, if i were you i wouold tell him he was lucky to get that, and i would not expect him to take legal actions. you have not sued him for basically taking money from you and you do not feel the need to give him more, since you would be GIVING him money. tell him that, and there may not be a need for legal actions

Answer 3

Sue him in Small Claims before he sues you.

"I also had to hire a landscaper just to clean up the mess he left behind!!"

include this as evidence and have that landscaper testify as to the quality of the work the other did.

Answer 4

I would first discuss it with him and maybe someone in the family who could reason with him.  If that does not work, you have to decide which is more important, living with that family or having justice done. If you want justice done, I would contact the State Attorney's office in your state.  Two people that I know did that in similar situations and got good results from that.  My motto is never do business with family members because fall-outs can definitely result from them.

Answer 5

He can attempt to send it to collections, but without a judgement, he won't be able to force you to pay anything. Don't bother suing him. If a collection agency contacts you, say you dispute the claim. If they still want to collect, they'll have to sue you, at which point you will have the opportunity to make your case. In the meantime, explain why you're not paying the full amount to him.