How to deal with a landscape contractor who did not complete the job?

[rrlamichhane]

What is the name of your state (only U.S. law)? Oregon (Portland City)

I hired a landscape guy from Craigslist to redo my backyard lawn. I wasn't home on the day of the job and my brother gave him all the cash even though some jobs that we agreed upon weren't finished. I called him afterwards and he said he would come back and finish them. We even set up a date but he did not show up. Now, he's not answering my phone or responding to my texts. It was only a $1100 job but I don't want him to get away with this because he will potentially do it to other people in the future and it'll encourage his bad habits however I don't want to spend too much resources chasing this down as well.

We have a consumer complaint website in Oregon but I don't know how effective it is:
https://justice.oregon.gov/consumercomplaints/
We also have small claims court and it costs $50 to file a complaint. What's my best course of action to take here? I want it to be effective but not too much draining on finance and my time.

 

[PayrollHRGuy]

Small claims court.

 

[quincy]

What is the name of your state (only U.S. law)? Oregon (Portland City)

I hired a landscape guy from Craigslist to redo my backyard lawn. I wasn't home on the day of the job and my brother gave him all the cash even though some jobs that we agreed upon weren't finished. I called him afterwards and he said he would come back and finish them. We even set up a date but he did not show up. Now, he's not answering my phone or responding to my texts. It was only a $1100 job but I don't want him to get away with this because he will potentially do it to other people in the future and it'll encourage his bad habits however I don't want to spend too much resources chasing this down as well.

We have a consumer complaint website in Oregon but I don't know how effective it is:
https://justice.oregon.gov/consumercomplaints/
We also have small claims court and it costs $50 to file a complaint. What's my best course of action to take here? I want it to be effective but not too much draining on finance and my time.

How long has it been since he worked on your yard? How much of the $1100 job was left undone? Have weather conditions allowed for completion?

You can file a complaint or you can sue.

 

[Zigner]

How long has it been since he worked on your yard? How much of the $1100 job was left undone? Have weather conditions allowed for completion?

You can file a complaint or you can sue.

Just to clarify...the OP may file a complain and also may sue.

 

[quincy]

Just to clarify...the OP may file a complain and also may sue.

Thanks for the correction. You are right.

 

[rrlamichhane]

How long has it been since he worked on your yard? How much of the $1100 job was left undone? Have weather conditions allowed for completion?

You can file a complaint or you can sue.

Hi quincy, thanks for the response. I would say if I have to hire someone again to do the remaining job, they would probably charge me about $300. The weather conditions and my schedule has not been an issue, it's just him not answering my phone and not showing up on our scheduled day.

I really don't mind paying someone $300 to complete this but I really hate to see this guy get away with what he has done. This is more about having justice served than financial motive for me.

 

[Zigner]

Hi quincy, thanks for the response. I would say if I have to hire someone again to do the remaining job, they would probably charge me about $300. The weather conditions and my schedule has not been an issue, it's just him not answering my phone and not showing up on our scheduled day.

I really don't mind paying someone $300 to complete this but I really hate to see this guy get away with what he has done. This is more about having justice served than financial motive for me.

Even if you win, there is no "justice". At best, the guy has to pay $300, plus a pittance in court fees and interest. Even at that, you're still going to have to chase him down for it.

 

[rrlamichhane]

Even if you win, there is no "justice". At best, the guy has to pay $300, plus a pittance in court fees and interest. Even at that, you're still going to have to chase him down for it.

Even though $300 might not be that big of a deal for me, it kinda is, I think for him it will be somewhat significant. But I understand your point that he still did not lose anything for his bad intentions, he just had to return the money that he didn't do any work for. I was wondering if I can make him compensate for my $50 fee and the hardship and stress caused because of his dishonorable business practices.

 

[PayrollHRGuy]

You will be awarded the cort fees if you win. The chances of an award for hardship and stress are some where between zero and none.

 

[quincy]

Even though $300 might not be that big of a deal for me, it kinda is, I think for him it will be somewhat significant. But I understand your point that he still did not lose anything for his bad intentions, he just had to return the money that he didn't do any work for. I was wondering if I can make him compensate for my $50 fee and the hardship and stress caused because of his dishonorable business practices.

Here is a link to Oregon's small claims "Instructions to Plaintiff:"

http://www.courts.oregon.gov/Marion/docs/MaterialsAndResources/SCInstructionstoPlaintiff.pdf

Before filing a small claims suit, you could send a letter to the landscaper advising him you plan to sue him if he does not send you a refund to cover the cost of the work he failed to complete, and let him know you will also file a complaint with the State and with Craigslist.

The demand letter could encourage him to settle the matter without the need for you to take further action. Then again, he could ignore it like he has your other attempts at communication. But it might be worth the cost of postage to start with the letter.

If you DO go to court, you should arm yourself with written estimates from other landscapers on what they would charge to complete your landscape job, this to support what you are asking for in damages.

Good luck.