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Unhappy Landscape Craftmanship

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judy51015

Junior Member
What is the name of your state? WA

I hired a landscaper to install my backyard water feature and paver patio. A contract was signed and 50% deposit provided the landscaper. It specifically states in the contract that he warrants craftsmanship for 1 year. I am unhappy with the job he performed. The patio has a slight unevenness in places and puddles in two places. He stated this was unavoidable due to both the type of paver chosen by me and the contour of my yard. Because the patio is already sealed he said it could do more damage to try and re-level. He stated he perfomed the work exactly as specified by the manufacturer of the pavers and that the project is now complete.

Can I withhold the remaining 50% payment until he does the work to my satisfaction? Can I sue him for replacement of the entire patio by another landscaper? How do I know it was done correctly and that replacing it won't just lead to the same issue? If I accept a discount, that he may offer because I'm unhappy with the work, does that prevent future litigation on my part?
 


shortbus

Member
You cannot withhold the remaining payment. If you're wrong, and he did the best job possible under the circumstances, then YOU'LL be in breach of the contract.

You cannot sue him for a full replacement by another firm unless you've conclusively established that he's failed to deliver and there's no other way to cure the defect.

Call a couple landscapers and ask what it would cost to fix it. If they look at it and tell you it can't be improved, then you'll know your landscaper was telling the truth.

If you accept a discount for the flaws, it doesn't prevent you from pursuing litigation, but to a court it will look like he already cured his breach in an acceptable fashion to you.
 

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