Q: Got a written quote from a landscaper who now says that this is a contract and wants his money.
Got a written quote for $2500 worth of landscaping work for around the house. Asked the landscaper if work and money could be divided in two and the front half of the house done. I told him if that went well then we could have him come back the following month for the back of the house and 1250 more dollars. He did the front half but did a poor job. We complained about his work at the time but were told he could possibly make it right when working on part two of the job. We did not call him back for the second half of the work. Now he has called me today and has threatened to take me to court for the second half of the money. No contract was signed. Thoughts?
A: It would be difficult for him to prevail in court based on what you say, but his facts may be different. That said, it will be hard for him to claim breach of contract if he never did the work, assuming he was to be paid after the work was done. You may want to file a complaint with your state's contractor's board, the BBB, and even via social media (but be truthful as otherwise you open yourself up to defamation).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
