Landcape contractor breach?

yellow240z · Aug 21, 2004

What is the name of your state?What is the name of your state? New York I contracted with a landscape company to install a paver walkway and some planting beds for the front of my house. A professional landscape drawing ( a blueprint, drawn to scale) was prepared for me which detailed the dimensions of the walkway and planting be. It also detailed the type of plantings and the placement of them. The plan was followed loosely at best. I expected the blueprint to be followed precisely. Critical aspects of the plan were not followed and I'm not happy with the finished product. The project manager came out to talk with me and the discussion soon became heated. He admitted poor workmanship and agreed to fix the problems "within reason". I said I would like the remedy he proposed to be specific and in writing. He said "OK, we'll fix all of this, but you need to have a check ready for us the minute we're done. I said " Don't tell me what I NEED to do". At that point he turned to his associate and said, "come on, we're leaving". I asked him what was going on, he said that I would be receiving an invoice and if I didn't pay it, I'd be hearing from his attorney.
The overall job was $6000 and I gave them $2000 up front. I've done a little research and it seems like under UCC, I rejected the goods or services, gave him an opportunity to to cure, he threatened a lawsuit and left. I'd like to rescind the contract. AM I on the right track? Thanks in advance.

JETX · Aug 21, 2004

yellow240z said:
AM I on the right track?

Nope. Take pictures of the problems NOW, showing EXACTLY how you feel they are not in compliance with the blueprint. You will need them when you are sued for YOUR breach.

Just curious, how EXACTLY do you feel that they were in breach??

yellow240z · Aug 21, 2004

JETX said:
Nope. Take pictures of the problems NOW, showing EXACTLY how you feel they are not in compliance with the blueprint. You will need them when you are sued for YOUR breach.

Just curious, how EXACTLY do you feel that they were in breach??

I've taken plenty of pictures, thank you. breach of express warranty. The contract says the installation will be done "per plan and specification". The installation was not done per plan and specification. The blueprint shows PRECISE installation of plantings (distance from house, distance from eachother etc. The blueprint shows PRECISE radii of the curves for the walkway. Again, the contractor followed the plan LOOSELY at best. I've got 3 foot high black-eyed susans IN FRONT of one foot high shrubs.

JETX · Aug 21, 2004

yellow240z said:
I've got 3 foot high black-eyed susans IN FRONT of one foot high shrubs.

I was thinking more along the lines of "Specifications say that the plant will be 3' from the adjacent plant and it only is 35"!!"

If you feel you have sufficient cause for filing a lawsuit to resolve the matter.... do so. I would also suggest you document your SPECIFIC complaints and concerns into a very nice letter with requested 'repairs' and send it to the landscaper (certified RRR), giving them a specific time to respond.

Jack Mevorach, Esq. · Aug 21, 2004

yellow240z said:
What is the name of your state?What is the name of your state? New York I contracted with a landscape company to install a paver walkway and some planting beds for the front of my house. A professional landscape drawing ( a blueprint, drawn to scale) was prepared for me which detailed the dimensions of the walkway and planting be. It also detailed the type of plantings and the placement of them. The plan was followed loosely at best. I expected the blueprint to be followed precisely. Critical aspects of the plan were not followed and I'm not happy with the finished product. The project manager came out to talk with me and the discussion soon became heated. He admitted poor workmanship and agreed to fix the problems "within reason". I said I would like the remedy he proposed to be specific and in writing. He said "OK, we'll fix all of this, but you need to have a check ready for us the minute we're done. I said " Don't tell me what I NEED to do". At that point he turned to his associate and said, "come on, we're leaving". I asked him what was going on, he said that I would be receiving an invoice and if I didn't pay it, I'd be hearing from his attorney.
The overall job was $6000 and I gave them $2000 up front. I've done a little research and it seems like under UCC, I rejected the goods or services, gave him an opportunity to to cure, he threatened a lawsuit and left. I'd like to rescind the contract. AM I on the right track? Thanks in advance.

Sounds more like breach of contract, rather than rescission of contract.

BL · Aug 21, 2004

I said I would like the remedy he proposed to be specific and in writing. He said "OK, we'll fix all of this, but you need to have a check ready for us the minute we're done. I said " Don't tell me what I NEED to do". [ quote ]

The down payment was $2000.00 . The job was $6000.00.

It sounds the consumer requested the contractor to remedy the mistakes , and the contractor intended to remedy the mistakes , until the consumer became even more hostile .

We don't know what the contract stated about payment . If the remaining balance was due on completion then the contractor had every right to demand it as he did .

The consumer should have given the contractor the chance to remedy the work without further hostility from the consumer . ( not saying the consumer could not have viewed the work as it was being remedied ) .

Judge : to plaintiff : Did you give them an opportunity to fix the mistakes ?
Blahh Blahh Blahhh.

Defendant : We offered to fix ever thing your honor but the Plaintiff was being hostile .

yellow240z · Aug 21, 2004

Blonde Lebinese said:
I said I would like the remedy he proposed to be specific and in writing. He said "OK, we'll fix all of this, but you need to have a check ready for us the minute we're done. I said " Don't tell me what I NEED to do". [ quote ]

The down payment was $2000.00 . The job was $6000.00.

It sounds the consumer requested the contractor to remedy the mistakes , and the contractor intended to remedy the mistakes , until the consumer became even more hostile .

We don't know what the contract stated about payment . If the remaining balance was due on completion then the contractor had every right to demand it as he did .

The consumer should have given the contractor the chance to remedy the work without further hostility from the consumer . ( not saying the consumer could not have viewed the work as it was being remedied ) .

Judge : to plaintiff : Did you give them an opportunity to fix the mistakes ?
Blahh Blahh Blahhh.

Defendant : We offered to fix ever thing your honor but the Plaintiff was being hostile .

And............, finish your point!!! What does the judge say next??? No offense, but I posted my question in the hopes of getting credible and INFORMED responses. Your response was neither. An opinion from someone who watches too much Judge Judy is a waste of my time. This may be entertainment for you, but I take this very seriously and GREATLY appreciate responses from people who KNOW THE LAW. Thanks!!!

yellow240z · Aug 21, 2004

Jack Mevorach said:
Sounds more like breach of contract, rather than rescission of contract.

The job was so poorly done, I'd like the contractor to come and remove all the materials and I would pay for the demolition of the pre-existing concrete walkway and stoop. If i sue for breach, I get estimates for what? Doing the whole job over? fixing the Job? is it $3000 or $5000 max? I've seen both figures wrt new york state.

BL · Aug 21, 2004

Small claims court is up to $3000.00 . Counter claims are up to $3000.00.

My point is , if you have a dispute , generally you have to give the contractor an opportunity to correct the mistakes . You apparently offered them to do this , however became hostile , like you didn't really want them there anymore.

I'm not saying I don't understand your " anger " .

What you do now is get an Estimates on what the job will now cost to fix and complete.

The Judge will rule on what their work was worth if anything . Obviously you do have some materials they purchased such as plants and bushes ., paver's.

No one can tell you what will be awarded. Get Estimates ... have your evidence .

Judge Judy lol My daughter was just in LA , with a Friend who went on the show .

yellow240z · Aug 21, 2004

Blonde Lebinese said:
Small claims court is up to $3000.00 . Counter claims are up to $3000.00.

My point is , if you have a dispute , generally you have to give the contractor an opportunity to correct the mistakes . You apparently offered them to do this , however became hostile , like you didn't really want them there anymore.

I'm not saying I don't understand your " anger " .

What you do now is get an Estimates on what the job will now cost to fix and complete.

The Judge will rule on what their work was worth if anything . Obviously you do have some materials they purchased such as plants and bushes ., paver's.

No one can tell you what will be awarded. Get Estimates ... have your evidence .

Judge Judy lol My daughter was just in LA , with a Friend who went on the show .

SEEMS I was HOSTILE?? what does that mean? define hostile? do you have a transcript of the conversation? you were not privy to the conversation; I was not hostile, the contractor was. I told him "Don't tell me what I NEED to do" because I had a contract which clearly stated what my contractual obligations were as far as making payment. I did not NEED him to tell me something I was already aware of. Let's suppose I was hostile. SO WHAT!!!! I didn't kick him off my property. I didn't tell him to not fix the project. I didn't threaten him in any way or give him any reason to fear for his own safety or to suspect he wasn't going to get paid.

BL · Aug 21, 2004

yellow240z said:
SEEMS I was HOSTILE?? what does that mean? define hostile? do you have a transcript of the conversation? you were not privy to the conversation; I was not hostile, the contractor was. I told him "Don't tell me what I NEED to do" because I had a contract which clearly stated what my contractual obligations were as far as making payment. I did not NEED him to tell me something I was already aware of. Let's suppose I was hostile. SO WHAT!!!! I didn't kick him off my property. I didn't tell him to not fix the project. I didn't threaten him in any way or give him any reason to fear for his own safety or to suspect he wasn't going to get paid.

Great and that's what you tell the Judge . The the Judge will decided if he breached his contract or not . You present your evidence , they will present theirs , and the judge will decide .

Get estimates . Ask the Co.'s who you get estimates from , to note the poor workmanship and what the cost would be to fix the defects .

Jack Mevorach, Esq. · Aug 22, 2004

yellow240z said:
The job was so poorly done, I'd like the contractor to come and remove all the materials and I would pay for the demolition of the pre-existing concrete walkway and stoop. If i sue for breach, I get estimates for what? Doing the whole job over? fixing the Job? is it $3000 or $5000 max? I've seen both figures wrt new york state.

If you like, feel free to call (no charge) and we can speak.

Landcape contractor breach?

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