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lilisa

Junior Member
What is the name of your state? MA

Thank you in advance for all who respond. This may be a bit long.

I am a landscape designer who has a few, hand selected self employed landscapers who do some or all of the installations on different projects I set up. In a broad sense, I sub-contract out the work and only write up "contracts" on larger jobs (usually over $5000) and the rest of the time, we just have an understanding and until now, this has not been an issue. We usually meet up to go over the plan, walk the property, and they give me a price. If I choose them, I meet with them again to go over details and give them a deposit prior to their start date (this is on the smaller jobs, everything is in writting otherwise and is not the issue here). This has been the way we work together since I opened my business and has been consistant as have been the men I deal with. Recently, I contacted "my" guys (3 different landscapers) and did this very same thing. Met with them, got a price, etc., HOWEVER, one of my guys didn't respond right away with a price and said he'd have to get back to me (this was a Friday) As of the following Sunday, I still hadn't heard from him so I called him and he gave me a price of more than twice what the others said. I told him to contact me the next day (Monday) for my decision and to set up for the deposit and all that, if he was hired. He never called me. I hadn't heard from him for a few days so on Thursday I called him and he "informed me" that he was FINISHING UP ON MY JOB and that he'd be by for payment. I hadn't even hired him! I even told him that I didn't know he was even on the job, that what I saw of the job he did was insufficient because he never met again to go over details, and he laughed it off. He showed up looking for payment, of which I only gave him 1/2 of what he expected because of the above mentioned issues. I gave him the chain of events and why I wasn't paying his balance in writing, in turn, he threatened me in small claims. My tone and attitude was "don't forget your contract". My question is can I sue him for what I paid after the fact? He really wasn't the contractor I chose because of price, and the work he actually did there was substandard. I went in myself after him and correctly finished the job so my clients were happy. Can he go after them? Any help is appreciated.What is the name of your state?
 


divgradcurl

Senior Member
He showed up looking for payment, of which I only gave him 1/2 of what he expected because of the above mentioned issues. I gave him the chain of events and why I wasn't paying his balance in writing, in turn, he threatened me in small claims. My tone and attitude was "don't forget your contract". My question is can I sue him for what I paid after the fact? He really wasn't the contractor I chose because of price, and the work he actually did there was substandard. I went in myself after him and correctly finished the job so my clients were happy.
Who sues who for what will depend on what each side can prove in small claims court. If he can prove that he reasonably believed you assented to his contract terms, then he might win. If you can prove that there was no contract in place, or that he agreed to a lower contract price, then you might win.

Can he go after them?
Potentially. It depends on what the requirements are for a mechanic's lien in your state.

A good reason to do EVERYTHING in writing!
 

lilisa

Junior Member
Who sues who for what will depend on what each side can prove in small claims court. If he can prove that he reasonably believed you assented to his contract terms, then he might win. If you can prove that there was no contract in place, or that he agreed to a lower contract price, then you might win.



Potentially. It depends on what the requirements are for a mechanic's lien in your state.

A good reason to do EVERYTHING in writing!
Hi, thanks for responding, however this is the entire issue. He Wasnt hired at all. I didn't even know he was there until i contacted him about his price.
 

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