GardenBanter.co.uk - View Single Post - To demand or not to demand adherence to contractor 's written proposal

05-07-2003, 02:44 AM

wrote in message . ..
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

Yes, there is a written contract. The patio is done, and the walkway
is done, with the exception of the 6" strip of gravel.

The problem is the written quote did not include specific dimensions,
or materials. To protect myself, I included the specification of the
materials in the written contract, and in the acceptance of the
original written estimate, I referred to a diagram that I had drawn
up.

Another problem was as the project progressed, there were changes to
the original diagram, which I documented by modifying the diagram I
had drawn up and faxing it to him. The first ones were my
modification where I lengthened the walkway by 40 sq. ft., and had him
border the walkway with pavers. We discussed and I documented our
conversation by faxing him a letter and a revised diagram.

The second major modification was when his crew paved over the 40 sq.
ft. walkway rather than pouring concrete. Because I had documented
that he agreed that it would be at no additional cost. (My answering
machine might have taped that entire conversation. It was early in
the morning and I didn't have time to go downstairs and turn off the
answering machine.)

I remember asking his crew about the gravel on the day they did the
walkway. When I came back home (I had an appointment), they had left.
That's when I discovered that his crew goofed again, like paving part
of the walkway.

I'm not sure if he ever came by to inspect on the last day when the
crew poured the concrete.

I was thinking of faxing him a letter informing him of this omission,
as someone below suggests. Would that be the best course? Thanks in
advance.

Lil