Landscaper did bad job. Is the check payment in full?

What is the name of your state? Maryland

Sorry for the long post. I hired a landscaper to totally redo my yard according to plans that we drew up together. He did not do what the plans called for and took it upon himself to make spur of the moment changes without consulting me. The yard is not what I envisioned and I am not satisfied. However, I do not want to have my yard torn up again for several more months especially because much of the work will need to wait until Spring. I just want it to end. I also would not want to use this landscaper again anyway.

Yesterday I received the bill in the mail. Even though the outcome was not satisfactory, and in my opinion is not worth nearly the price in the contract (cheaper trees and foliage were used), the bill was for the full amount stated in the contract.

If I send a check for 60% of the bill and then write something about the bill being paid in full, can he force me to pay the other 40% if he cashes the check? Or is the check a binding contract and the bill is paid in full?

unsurewhattodo said:

If I send a check for 60% of the bill and then write something about the bill being paid in full, can he force me to pay the other 40% if he cashes the check? Or is the check a binding contract and the bill is paid in full?

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OR, he could just not cash the check and then sue you for the full amount

Zigner said:

OR, he could just not cash the check and then sue you for the full amount

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And then I could defend myself because of his breach of contract.

I don't want to cheat him, but I don't feel he deserves the full amount. I just want this to end quickly and quietly so the 60% check is sort of a settlement offer. But if he can cash it and then sue me for the other 40% then I don't want to give him a penny up front. I'll wait and see what a judge says.

Do you have an answer to my question?

If there is a bona fide dispute as to the amount owed, then what you want to do will legally extinguish the debt.

You would be wise to send a letter with the check stating that you dispute the amount of the bill, then list your reasons, and finally, explain that 60% is a fair settlement to avoid any further action by either party.

If he cashes the check, you'll probably be okay.