Breach of Contract for Landscaping Services

[table]

What is the name of your state? New Jersey

My fiance and I paid $2,000 in a design fee for landscaping which included a brick patio. We used the same landscaping company that developed the design to install the landscaping and brick patio. The patio was not installed correctly. The patio slopes towards the house and rain water ponds on the surface of the patio. A downspout that was not taken into consideration as part of the patio design causes rain water to enter bilco doors that lead to the basement and water enters the basement.

We have tried several times to have the landscaping company return and correct the problem with the patio. The landscaping company promises to fix the problem but never shows up.

I filed a claim in the Special Civil Courts in New Jersy for what another contractor would charge to correct the patio problem.

My fiance was the individual that signed the contract with the landscaping company that improperly installed the patio. I wrote checks to the landscaping company for the progress payments are required in the contract he signed.

Since my fiance was the one that signed the contract with the landscaping company, should he have filed the claim with the Special Civil Courts?

 

[djohnson]

Yes, or to be safe put both of you. All they have to do is say there is no contract with you and don't know what you are talking about to get it dismissed. You can't prove otherwise. On a side note, does the contract call for what you are now wanting done. If it's not specific, you may not have a case anyway.

 

[table]

Thank you for your input. In answer to your question, we have asked the landscaping company (by way of New Jersey Special Civil Court) to pay us what another contractor will charge to fix the patio. The landscaper provided a 3 year warranty on the workmanship of the patio. The warranty was issued by the landscaping company May 2003, so we are still in the "window" of time to bring this to the court for resolution.

We attempted to have the landscaper return to correct the problem for 5 months, and we have the email correspondence to prove our numerous attempts to have the patio problem fixed. The landscaper indicated in the email correspondence they want to resolve the problems, but then they never show up when they say (or email) they will.

I did find the forms to complete to request a motion from the courts. The motion is an amendment to the complaint filed requesting the name of the plantiff be changed from my name to my fiance's name. The forms will be mailed (certified mail) tomorrow to the courts, and the attorney for the landscaping company.

 

[djohnson]

Ok, but you still didn't answer the question of what the actual contract calls for. If it's not specific to what you are wanting fixed, they may not be responsible and them offering to help out and do something because of customer service and not required from the contract.