How To Deal With a Dishonest Gardener?

[Alanryder]

What is the name of your state? NEW YORK. I entered into a contract with a gardener, and wasn't able to complete it as the grass died. (wasn't able to be there to water it as I had to take my mom to a clinical trial in NYC often) Contract had a start date, but no end date on it. I wanted to pay by the month, but he pressured me into it. Services were listed. He sent me a bill that was more than twice what it should be. He reseeded after I told him not to, and sent his son to do a "favor" and neaten the lawn when I told him to stop. He said "well did you send me a certified letter asking me to stop". We had a casual friendly relationship before. He also called me several evenings, and tried to get me to hire someone he knew, and never mentioned the bill, or the contract. He billed me about 5 months after he finished working. He completed 2 1/2 months, of what he claims was a 9 1/2 month $1,000 agreement, and billed me for $752 for a half season. The bill is inaccurate, and I think I can prove he didn't work the amount he says. He threatened if I didn't pay up, he would sue for the entire amount. He is suing for $1,200 in small claims. I sent payment of $375, a fair amount, but the post office lost it. I have the certified receipt. He said he would send that amount back. According to his peers he is bad news and has done this many times before. He told me he had taped our conversation when we hung up. Am I liable for the full contract amount, and what can I do to prevail, and just pay him a fair amount for his work? We had a verbal agreement he would continue when I was able to be there to water. The man is a liar, but how can I prove it ;-(. Really upset over this! I've never been sued, or in court before and I'm scared.

 

[djohnson]

I'm afraid him being a liar or not isn't going to matter if you signed a contract. If you signed the contract agreeing to pay him for that length of time and that much money then you are liable. Obviously if he does this all the time he probably knows how to do it and win. I am not an attorney and this is just my opinion. Someone else may come in and disagree but I think you are still going to owe it.

 

[Alanryder]

Hi! Thanks for answering my post, but the problem is there is no length of time listed on the contract. He misrepresented the contract as being for a year, not a 9 1/2 month season. There is just a start date. The other problem is there was a drought and the grass died, and I couldn't continue service on a dead lawn. I also couldn't be there to water after reseeding. His bill to me said he was only trying to get paid for work he did, and not collect for the contract. He only tried to get the amount of the contract as a retaliatory measure, after I wouldn't pay his bill which was double what it should be. We also had a verbal agreement, that he would continue service after someone was available to be there to water the lawn, and he could reseed. If he wasn't so dishonest, he would be working on my lawn now, completing the work we had contracted for. He also misled me by telling that all gardeners work with contacts which isn't so. I tried to pay him month by month but he said that wasn't the way it was done which was a lie, as all the new gardeners I interviewed worked that way. I had never had a gardener or lawn to take care before, living in the city, of so I didn't know ;-(.

 

[djohnson]

I understand what you are saying and you 'might' have recourse on a verbal agreement but you didn't mention that in the first post. However when you signed the open ended contract it would be left to go on for ever. Did it state about how to end the contract? Like typically it might say with 30 days written notice? If you didn't give that you would still be liable. I am sure all gardners, just like other people have different policies on which they work by. Some may require a contract and some may not. I know of a few landscaping businesses that charges lower amounts to contract customers where month to month is higher. You accepted his terms in the beginning with out asking around or getting other information and I am afraid you just bought yourself an expensive lesson. I am not an attorney so one will jump in if they disagree but I think at this point his case is alot stronger than yours, if for no other reason than he has a written contract. Having a verbal contract on top of that makes me question it as what would be the benefit of not having it in the written one that you obviously have.

 

[Alanryder]

Yes, but how can a contract be considered as ended, and not complied with, if there is no length stated for it's duration? I didn't not comply with the contract or with it's terms, if there is not date set for those terms to be met! If the contract was left open ended, and if I wanted to, wouldn't I be able to continue service for the rest of the term of the contract, and pay the full amount then? Doesn't one just have to pay for services rendered, and if he wants to collect on the full contract without doing these services show how he was harmed? He didn't lose anything, or have any hardship resulting from the delay, if we wanted to continue. Would really appreciate hearing from a lawyer here on this matter. Anyone??? Please!