To sue or not to sue, that is the ?

[khardy57]

I recently had my yard landscaped. I had it sodded and love the sod, but the young man I hired will not come back and finish. I have flower beds that are supposed to have the black weed control fabric covered by white pea gravel in the front and back yards and a goldfish pond that is supposed to be surrounded by the same weed control fabric and pea gravel. He still has to connect the water line to the goldfish pond and cap off an electrical supply that he ran to my shop building.The sod is completed, but the guy has not been back in nearly a month to finish. I've called and left messages and when he calls me back, he tells me he'll be out to finish up the following week. What's happened is that I finished paying him before he did the flower beds and he's spent the money!

I called again last night and he hasn't called me back yet. I've known this boy since he was a child. I can't stand his parents, but he's always seemed like a nice kid and I wanted to help him out in starting his business.

Would you take him to court over this? (It was a LOT of money!!!)

[Janet]

Yes, but first I would send him a cerified letter stating what was suppose to have been done (was there a contract?). Nicely, but to the point tell him he has promised to come and finish, but it's been over a month. Tell him you were trying to help him in his business, but that was a lot of money for a job not completed. Tell him if he does not come back and complete the job within 30 days, you will have no recourse but to take him to court to get some of your money back.

If that doesn't put a burr in his butt, then take him to court!!

[khardy57]

Originally Posted by Janet

Yes, but first I would send him a cerified letter stating what was suppose to have been done (was there a contract?). Nicely, but to the point tell him he has promised to come and finish, but it's been over a month. Tell him you were trying to help him in his business, but that was a lot of money for a job not completed. Tell him if he does not come back and complete the job within 30 days, you will have no recourse but to take him to court to get some of your money back.

If that doesn't put a burr in his butt, then take him to court!!

Thanks, Janet. I have a contract that spells out everything that was supposed to be done and actually paid extra to have the electrical line run to my shop building. I'll send the letter this week ( I hate to do it at Thanksgiving )I'd hate to have to take him to court, but I believe that when you're supposed to do something, that means you finish it!

[Janet]

Originally Posted by khardy57

Thanks, Janet. I have a contract that spells out everything that was supposed to be done and actually paid extra to have the electrical line run to my shop building. I'll send the letter this week ( I hate to do it at Thanksgiving )I'd hate to have to take him to court, but I believe that when you're supposed to do something, that means you finish it!

Exactly! It's not that you're being mean...he was the one who promised to do something then skipped. You're just out to either have the job finished (the correct way) or to have the money returned for the work not done. If he's going to have a business, he'd better start changing his ways. He probably thought you wouldn't do anything because you knew him. Not a good way to start a business.

Also, if you can remember the dates you called and that he called you, keep a log of date and time and what was said to the best of your knowledge. If he doesn't come and finish it, it will help having more documentation along with the contract.

Good luck to you and let us know how it goes.

[khardy57]

He just called me! He said he had not gotten my messages (yeah right) but said he would be out tomorrow to finish the flower beds and water line and would put the pea gravel out Tuesday morning.

I'm giving him one more chance to keep his word and then I'm off...............

[Kimberley]

He may have been really busy. Small contactors that do all of the work themselves usually have to stop work to go to other places to do bids, etc. I've contracted 2 different things out and though it took a little longer to get them finished (because they had to go someplace else), they always finished the work.

Talk to him and let him know that you're giving him till such-and-such date to finish the job and do NOT finish paying him until he finishes the job.

[Janet]

Originally Posted by khardy57

He just called me! He said he had not gotten my messages (yeah right) but said he would be out tomorrow to finish the flower beds and water line and would put the pea gravel out Tuesday morning.

I'm giving him one more chance to keep his word and then I'm off...............

Since he called, yes I would give him the "one more chance", but if he doesn't show then I would start legal proceedings. I know that they have other bids and things to do, but they should at least keep in contact and let the homeowner know what is going on. There is no excuse for inconsiderate behavior.