This is the story. I agree verbally with a landscape guy who work in my neighborhood to cut down the tree in my back yard and re seed my back yard in April for 1400. He cut the tree down,. In the meanwhile he brought soil (dirt) like 2 times.At this time i paid him like 1000 for the tree as we agreed. Then he was calling me saying excuses that it was raining and he can; t work there. I understood that, but there were some days it didn't rain and he did not come and finish the back yard. He disappeard like a month. His workers came by the end of June and seeded my back yard. A really bad job. I paid the 400 to complete it.There were some places with concrete and they just put the soil on top with the seeds. ( what kind of landscape workers are they?, that they couldn't notice the concrete). Well he said now that he spent more money and the amount we owe him is now 2000. Eventhough he still not finished the yard (just 75% done) We said no. He said I will c u in court. What can I do?
2006-07-26 03:32:10 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
with no contract it will be hard for him to prove that you owe him money. The burden of proof is on him. However, I would write out a time line of events, and the "Verbal" agreement that you had.
I would take pictures of your yard NOW and make sure you have some way to prove that you did pay him the 1400 - did you get a receipt? IF not that cold be a problem.
2006-07-26 03:36:57 · answer #1 · answered by Roses Abound 3 · 0⤊ 0⤋
The contractor case are NOTORIOUS for being complicated.
First you might want to to find some evidence that the contract was for 1400 and not for some other amount.
Let this be a lesson to you -- net time do it in writing.
The worse Case scenario is that he will claim "quantum meruit" because the contract had no definite money on it.
I am assuming all work has stopped right?
I would suggest you talk to lawyer and possibly counter sue the Contractor for not finishing the job.
The case will instantly become more complicated and you might persuade the contractor to drop the suit.
In any case talk to lawyer immediately.
2006-07-26 10:39:08 · answer #2 · answered by hq3 6 · 0⤊ 0⤋
photograph everything
save every voice message
get and save all receipts
don't be afraid of a butt head who threatens court time
i can sue you for not posting your avatar and buttering your toast in a inappropriate as well as suggestive manner; that doesn't mean that the judge will put your entire family under eternal bondage over my opinion.
also any work for more than 1000 needs contract
dont record him over the phone without prior consent, its illegal in md va and dc i believe (class II felony)
( dial his phone # and say your name....then repeat this to anyone you talk to......"hi mr lawnman i am recording this conversation so lets talk about......etc")
i'd get him to confess the original deal by playing 2 am phone tag , ask him why after agreeing to 1400 for tree and seed did you charge more, say the lawn guys sucked, and record all the messages by not answering phone at night.
2006-07-26 12:35:30 · answer #3 · answered by octaviancaz 2 · 0⤊ 0⤋
Anyone can sue anyone else for almost anything.
The burden of proof is on the plaintiff, or complainer.
If he can't prove his claim, he loses.
As others have correctly suggested, any time you have work done by a contractor, always get it in writing.
Lessons learned.
2006-07-26 11:13:00 · answer #4 · answered by Left the building 7 · 0⤊ 0⤋
He can't do anything. He is just trying to get you to give him more money. In the future, pick better people to do work for you. Get references and such. My husband does side jobs with his dad and if they make a mistake in the bidding, then they just eat it. They don't go back on their word. That is just wrong and very unprofessional.
2006-07-26 10:50:36 · answer #5 · answered by Xena 3 · 0⤊ 0⤋