Backyardbungle
New member
What is the name of your state? UT
I contracted a licensed contractor to do our landscaping, a very considerable job with many retaining walls, a pergola planting, lawn, etc. In UT, you have to have a permit for any retaining wall over 4ft tall. The contract states that he would obtain all necessary permits unless stated otherwise in writing. Anyway, after he had done all of the hardscaping (concrete patio and masonry retaining walls) he stated that he no longer wished to be our landscaper, citing personal differences. His work was completed sometime in the beginning of summer 2022. We ended up paying around $90,000 for all of the work he had done and closed the contract with him. Then we planted grass and plants in the planters on top of the retaining walls. There was an issue where one of the planter box walls was sinking shortly after, and when I mentioned it to him, he had his guys come out and fix it fairly quickly.
Fast forward to late August and early September, there is a crack that developed in the patio, splitting a slab in half. There is lifting on one side of the crack and the other side with a planter box that he installed is sinking (an issue seemingly related to the first time it sank). Another side of this planter box, which is also retaining the patio, is bowing out and splitting. It is significant enough to be visible to the naked eye, and the failures are very significant when measured with levels. This is about 6 months since the concrete was poured. One slab of the driveway that he also poured is sinking as well, and separating from the other slab, leaving a gap with earth in between (nearly an inch at this point). I had alerted him to the crack in the patio and requested him to come and assess it. He told me he would, but with no date. I gently reminded him to let me know how we could fix the issue one other time, then on the weekend I sent him several more images of further damage that I just noticed. He replied that he was not wanting to address the issue on a Saturday, to which I responded that I would only like to have an idea of what day he could come look at it. His reply was: "How about next year?" I replied: "I'm sorry. Is that a joke?" He did not respond via text, but later sent an email that referenced the warranty line in his contract that only specifically stated that he would warranty plants and watering system for a limited time (nothing was stated about the retaining walls or concrete specifically). He stated that he would normally help us and stand behind his work, but because we were impatient with his timeline, he would leave the matter entirely in our hands. I responded to him again asking him to reconsider his position considering how recently his work was done and how permanent and hardy the concrete and retaining wall should be. He again refused. Other landscapers have insinuated that the issues with the retaining walls and patios could cost in the $10,000s to fix.
I reviewed the contract and contacted the city, who stated that no permits had been pulled for the job. The contractor is licensed, but no permits for retaining walls, which are required were pulled. The city suggested that they would need to inspect the work and it would possibly need to be removed, fined, or both. To remove all of this and redo it would probably be near $200,000 in cost.
How do I proceed in this situation? Do I sue?
I contracted a licensed contractor to do our landscaping, a very considerable job with many retaining walls, a pergola planting, lawn, etc. In UT, you have to have a permit for any retaining wall over 4ft tall. The contract states that he would obtain all necessary permits unless stated otherwise in writing. Anyway, after he had done all of the hardscaping (concrete patio and masonry retaining walls) he stated that he no longer wished to be our landscaper, citing personal differences. His work was completed sometime in the beginning of summer 2022. We ended up paying around $90,000 for all of the work he had done and closed the contract with him. Then we planted grass and plants in the planters on top of the retaining walls. There was an issue where one of the planter box walls was sinking shortly after, and when I mentioned it to him, he had his guys come out and fix it fairly quickly.
Fast forward to late August and early September, there is a crack that developed in the patio, splitting a slab in half. There is lifting on one side of the crack and the other side with a planter box that he installed is sinking (an issue seemingly related to the first time it sank). Another side of this planter box, which is also retaining the patio, is bowing out and splitting. It is significant enough to be visible to the naked eye, and the failures are very significant when measured with levels. This is about 6 months since the concrete was poured. One slab of the driveway that he also poured is sinking as well, and separating from the other slab, leaving a gap with earth in between (nearly an inch at this point). I had alerted him to the crack in the patio and requested him to come and assess it. He told me he would, but with no date. I gently reminded him to let me know how we could fix the issue one other time, then on the weekend I sent him several more images of further damage that I just noticed. He replied that he was not wanting to address the issue on a Saturday, to which I responded that I would only like to have an idea of what day he could come look at it. His reply was: "How about next year?" I replied: "I'm sorry. Is that a joke?" He did not respond via text, but later sent an email that referenced the warranty line in his contract that only specifically stated that he would warranty plants and watering system for a limited time (nothing was stated about the retaining walls or concrete specifically). He stated that he would normally help us and stand behind his work, but because we were impatient with his timeline, he would leave the matter entirely in our hands. I responded to him again asking him to reconsider his position considering how recently his work was done and how permanent and hardy the concrete and retaining wall should be. He again refused. Other landscapers have insinuated that the issues with the retaining walls and patios could cost in the $10,000s to fix.
I reviewed the contract and contacted the city, who stated that no permits had been pulled for the job. The contractor is licensed, but no permits for retaining walls, which are required were pulled. The city suggested that they would need to inspect the work and it would possibly need to be removed, fined, or both. To remove all of this and redo it would probably be near $200,000 in cost.
How do I proceed in this situation? Do I sue?
