Landscape contractor breach

[Atleisure]

I have a question that I hope you can help me with.

I had some landscaping work done last year and signed a contract that warrantied the srubs & plantings for up to one year.

I have had at least 2 shrubs and 1 large tree that didn't make it through the winter.

I have spoken to the contractor and he is fully aware of the problem and has informed me that he will be over to the house and look at the damaged shrubs.

That has been about 3 weeks ago..I have since left several messages on his answering machine asking him politely to return my phone calls. In which he has not even made any attempt to do so.

My question is..would this be considered a "breach" of contract. Unfortunatly, I strongly believe that this contractor has been taking advantage of me because I am a woman.
That if I were a man, this problem would have been taken care of in a timely matter.

What are my rights for recourse?
Is there anything I could do or suggest that might get some reponse from this contractor without taking it to the courts?

Thanks in advance.

Ann.

 

[ALawyer]

Only 3 weeks -- most contractors take months in my part of the country. That's the way it is.

Pester him. Be persistent. If you have to go to small claims court, do it.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com

 

[Atleisure]

Thanks for the quick reply,

Update: Well, Called the landscaper this afternoon...and not much to my surprise his business phone number has been disconnected!
(Do you think he's relocating to a larger office?) I don't think so.......

Sounds like a "Fly By Night" guy to me. I guess my first impression "breaching the contract" is the right one. Maybe I better get to small claims court before he files for bankrutcy! But is it even worth it? I estimate about $250-$300 in plantings and labor.

I even checked this guys creditals out..contractor lic./insurance ect.

To bad, I didn't feel this way when I hired him. But, Isn't that the way it always goes?

I guess the ole saying is correct.
"If you want it done right, do it yourself." If I were a guy, I would have done it myself.

Thanks for letting me vent!

Ann

 

[Tracey]

If he's got a contractor's license, he may have had to post a bond with the state. You could file a claim against the bond and the state will pay you, then suspend his license until he pays them.

Check your state's laws on findlaw.com. It'll take you a while to find the right section, but you'll get there. Search for "contractor and bond".


Good luck,
Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.