• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can I be sued

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

hk_2000

Junior Member
New York

I hired a landscaper to work on my backyard to remove all the flowers, weeds and plants.

Upon our verbal agreement we agreed to a price of 1085 for labor plus material. The landscaper also confirmed that he would guarantee his work for one year.

Initially I paid him $100 to start the work, $450 once he finished the work, after a few weeks I saw weeds coming in my backyard and advised the landscaper of the issue in which he advised that he never guaranteed anything and needs the balance amount by the 30 Sep otherwise he threatening to file legal action and charge me 25% interest on the balance owed.

I sent him a check for $267 and emailed him “As he failed to honor his verbal agreement I will forfeit the balance amount and if he cashes the check he accept the terms that he will not be paid anymore and as I would have to hire someone else to finish the job.”

If he cashes the check am I still liable to pay the balance him?

Appreciate your advise.

EdWhat is the name of your state (only U.S. law)?
 


Antigone*

Senior Member
New York

I hired a landscaper to work on my backyard to remove all the flowers, weeds and plants.

Upon our verbal agreement we agreed to a price of 1085 for labor plus material. The landscaper also confirmed that he would guarantee his work for one year.

Initially I paid him $100 to start the work, $450 once he finished the work, after a few weeks I saw weeds coming in my backyard and advised the landscaper of the issue in which he advised that he never guaranteed anything and needs the balance amount by the 30 Sep otherwise he threatening to file legal action and charge me 25% interest on the balance owed.

I sent him a check for $267 and emailed him “As he failed to honor his verbal agreement I will forfeit the balance amount and if he cashes the check he accept the terms that he will not be paid anymore and as I would have to hire someone else to finish the job.”

If he cashes the check am I still liable to pay the balance him?

Appreciate your advise.

EdWhat is the name of your state (only U.S. law)?
You are liable for the amount of the contract. He cannot however charge you interest. It was not part of your agreement.

You cannot hold him to the terms of the email about cashing the check. He is rightly owed the money.
 

hk_2000

Junior Member
Thanks for the reply. But isn't he liable to complete the work as agreed verbally and honor his guarantee of one year?

Thanks

Ed
 

hk_2000

Junior Member
Thanks for the reply. But isn't he liable to complete the work as agreed verbally and honor his guarantee of one year?

Thanks

Ed
 

Antigone*

Senior Member
Thanks for the reply. But isn't he liable to complete the work as agreed verbally and honor his guarantee of one year?

Thanks

Ed
Yes and after you pay him, if he does fix what you feel should be fixed you can sue him for what it costs you to repair. But mind this: You can sue, doesn't mean you will win.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top