Landscaping Nighmare

[mlo1022]

In July 2011, we hired a local landscaping person who had just started his business to remove an old limestone retaining wall, which was burried many feet deep and surrounded by small trees and a chain link fence. He told us he could remove it using his excavator. With one employee, he removed the debris from the area, disposed of it and attempted to remove the retaining wall; however, said he was unable to do so with the means he initially indicated and would have to dig it out by hand, but it would take much more time and labor. After this conversation, we did not see or hear from him again and did attempt to contact him. In the meantime, the work was not done and we were anxious to get our project completed, so we hired another landscaper to come in and finish it. He was able to dig out the wall very quickly with his machinery. Shortly after this was done, we got an invoice from the initial landscaper for 5 hours of labor for removing the debris - even though the job we hired him to do was never completed and did not communicate with us in attemts to figure out what could be done. I refused to pay the bill and put it off for quite a while. After receiving a reminder invoice in September, I contact the landscaper and told him my frustrations. We agreed that the job was not completed and that we would pay him half of the original invoice amount. I waited for an updated invoice - but never received one. So the bill was never paid. All of a sudden we see in the paper that he has filed a judgement against us in small claims court. At this point he is charging us for the total amount of the original invoice as well as court costs. What are my options here?? Do we go to the hearing and argue our case or would we be better off just paying the judgement? I do want to do what is right - but I am having a hard time with the fact that we had to hire someone else to come in and do the job when the person we originally hired never got it done, and the work he did do, my husband could have done easily at no cost to us. I appreciate any advice!

 

[sunnymoon]

Did you have a contract with the landscaper about when the job should be finished? How much you should pay for him after each period or the work?

 

[mlo1022]

We had no contract and absolutely nothing in writing - all verbal. He was doing a large project for the neighbor, so we hired him to do our job at the same time.

 

[disagreeable]

I can drive a car. That does not mean I do not need to pay a taxi driver, if I hail a cab. Unless you had a contract specifying completion dates, penalties, etc and the landscaper performed 5 hours of labor, you owe them for 5 hours of labor, based on your oral contract.

 

[mlo1022]

I do understand that. Because we had an oral agreement to pay half of the initial amount due, should we bother attending the hearing to have this be the payable amount rather than the original invoice amount? Or is it likely that judgement is placed in the landscaper's favor as 5 hours of labor were done? If this is the case - I would rather just pay it now and be done with it.

 

[army judge]

You'd be smart to negotiate a settlement, if you have no defense.

Why?

A judgment against you can impact your credit score.

It could also have other negative consequences.

Best to settle, if you fear you won't prevail.