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Landscaping work incomplete-recourse?

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cruisedave

Junior Member
What is the name of your state? Colorado
Hello all - 1st post here. I moved into a new home in sep '06 and immediately hired a man to do about $8500 worth of landscaping. I do not believe that the man is licensed in any way, but he had done a good amount of work in the neighborhood before and had the reputation of taking a while to complete work, but doing a quality job. The work we hired him to do consisted of leveling the yard, putting in grass, sprinkler system, trees, beds, a fence, and flagstone pathways.
I paid him 50% up front and he immediately began work. The work was excellent quality and actually seemed to be moving along quite well. Part way through the job he asked for more money and I gave him another installment. Finally, with work progressing very well, he asked for the final payment to get the rest of the supplies, estimating that he would be done in a week. I reluctantly agreed (stupid) and paid him the remainder of the agreed amount. Work pretty much came to a standstill at that point (last october).
Communication has been good but the guy has a laundry list of excuses as to why he is not able to finish the job. Finally he came out with it and said that he underestimated the bid, has used all the money and cannot finish until he gets cash from another job, although he does not know when that will be. I feel that he mismanaged the money I gave him, letting expensive rental equipment (bobcats, backhoes, etc) sit idle for days on end, instead of using the equipment every day he rented it it.
CONTRACT: While we do not have a signed contract, we worked off a professional (letterhead) estimate and I have both cancelled checks and receipts for all money exchanged.
RECOURSE?? I feel that if he had/when he gets more money from another job, he will complete our work. My HOA has been more than patient, but that will end at some point and the work will need to be completed. He is into me for about $2,000 of work/supplies (mostly materials), based on his estimate. I am worried that if I try to take him to court (I have never had to do anything like that) that he will shut down and never complete the work. I do not think that I can get any cash back from him because he simply does not seem to have any extra money at all. WHAT CAN I DO???
Thanks - Dave
 



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