On 3 Jul 2003 22:24:58 -0700, (Lil) wrote:

Have hired a landscape contractor to install a patio, a walkway and a
6"-strip of gravel along the walkway, next to our boundary fence.

The landscaper and landscaper's crew while appearing to be competent
failed to adhere to the diagram outlined or to the timetable they
themselves set.

While I understand that things, like the concrete truck breaking down,
happen, making it impossible to keep a tight adherence to the
schedule, I find it incomprehensible that the landscaper failed to
refer to the detailed diagram I've sent him.

The project is nearly done, and they've just done the walkway.
However, they failed to install the gravel along the walkway. Whould
I hold the landscaper to it? (We're talking about 50 or 60 sq. ft. of
gravel.)

BTW, I have not paid the landscaper a dime other than the deposit
required to do the work.

Thanks in advance for your input.

1. Did you have a written contract?

2. What did it specify?

3. If 1 and 2 are true, what penalties or sanctions were written
into the contract for failure to follow its provisions?

4. You say you "sent" the contractor a diagram. Does that mean you
are not on the premises? Are you too far away to supervise in person?
If so, did you delegate someone to supervise i person?

5. In what other respects did he "fail to adhere to the diagram" --
other than not installing the gravel?

6. Why would you NOT require him to install the gravel?

7. "The project is nearly done, and they've just done the walkway."
How can it be "nearly done" if the patio has not been installed.

These are some of the questions that immediately occur to one.

You might also want to post on misc.legal and/or
misc.legal.moderated but I suggest you clarify your presentation to
get their best advice. Note that the Moderated group posts messages
only every few days, while the other does daily.

HTH

--

Persephone