Pay for services or results??

[BurntYard]

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

I hired a service company to spray my yard for weeds and bugs. A few applications after hiring them, I pointed out that a particular, easily controllable, weed was thriving. They explained it was 'too hot to treat it effectively' and 'that it is a process to get said weed under control.'

I treated it myself and killed it…

Twelve months later, same kind of weed is growing out of control on opposite side of yard. I ask them again what the issue is. They say, “it’s just how it is.” I treat again and kill the weeds! I have since fired them and am refusing to pay the last bill of $55. I have paid them over $300 already.

They are now threatening to take me to small claims over it. It doesn’t warrant me hiring a lawyer but I’m happy to defend myself if I stand a chance at winning.
The owner is saying I was paying for a service and not results and that the courts have agreed with him already twice previously with other disappointed customers.

All of my complaints and the companies responses are documented with emails. Each bill says they are treating for the indicated weed. I have photographic evidence of my treatment killing the weed for the most recent self application and receipts for both the most recent application and the one I did last year.

Thanks in advance! This is my first post here and to be honest, I hope I don't have to come back after this is sorted out!!

 

[Zigner]

You will have to consult with your contract, but based just on your post, it sounds like you contracted for the service. Pay the $55.


Weeds have a way of popping up...that's kind of their "thing".

 

[not2cleverRed]

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

I hired a service company to spray my yard for weeds and bugs. A few applications after hiring them, I pointed out that a particular, easily controllable, weed was thriving. They explained it was 'too hot to treat it effectively' and 'that it is a process to get said weed under control.'

I treated it myself and killed it…

Twelve months later, same kind of weed is growing out of control on opposite side of yard. I ask them again what the issue is. They say, “it’s just how it is.” I treat again and kill the weeds! I have since fired them and am refusing to pay the last bill of $55. I have paid them over $300 already.

They are now threatening to take me to small claims over it. It doesn’t warrant me hiring a lawyer but I’m happy to defend myself if I stand a chance at winning.
The owner is saying I was paying for a service and not results and that the courts have agreed with him already twice previously with other disappointed customers.

All of my complaints and the companies responses are documented with emails. Each bill says they are treating for the indicated weed. I have photographic evidence of my treatment killing the weed for the most recent self application and receipts for both the most recent application and the one I did last year.

Thanks in advance! This is my first post here and to be honest, I hope I don't have to come back after this is sorted out!!

If they are billing for work and materials that they can actually document, you might come across as unreasonable.

Different weeds have different methods of propagation and life cycles.