Marilyn wrote:

Hi All,

I just found this group and need advice. I contracted with a local gardener
6 months ago and had poor service. The total bill for service was $6451 and
50% was paid up front and the rest at completion. I had made several calls
to the gentleman's office this past month, and have not been able to be
serviced for the follow-up as contracted. A pin was put through my
sprinkler system, plants have died, trees look poor and other stuff. I was
charged for 15yds of mulch but I just re-did it all myself in a different
color and used only half as much (placing 3inches)!

Now I want to do another contract for the back of my home, including
hardscape, but am reluctant because of the poor service in the front. I
have a company coming this week and had one last week who agreed with the
poor job in the front when I showed him my contract. This new company said
they would guarantee ANY plant for LIFE if you spend over $3000!!! I was
shocked! But I guess that is the difference when you go to a larger more
established professional nursery, right?

Who regulates this industry? Do I have any right's? Or do I need to "live
and learn". This same contractor did a wonderful job up the street from me,
five years ago and has since followed up and so has an advocate for him who
also serves on our BOD. I on the other hand, am new to the community and
had a disappointing job with no firm plans from this man. He was a "no
show" last week for and appointment and it wasn't the first time. UGH!!! He
was then recently hired to do our community landscaping, and my next door
neighbor's mulch, and every time I see his truck in our neighborhood in the
past month, I want to puke. Thanks for reading. I am worn out and want to
do something about it.....should I?

Thanks for you help.
Marilyn in Md.

OK, lets work backwards :-) There is no real regulation of the industry. This
is why it is very important to know who you are working with and have sufficient
documentation. Unfortunately, anyone with a truck and a few tools can call
themselves a "landscaper". The only guarantee that you have that they will
perform the work you describe and properly is the contract - which I'll get to
in a minute - and their reputation in the community. It's a bit like closing the
barn door after the horse has escaped, but generally you should get several bids
from various contractors for the work to be done, ask for and verify references
(more than just a couple) and explore the details of the work to be done as
outlined in the contract and make sure the contract supplies adequate recourse,
should you not be satisfied with the outcome.

Now the contract - it should explain in detail the work to be done and the time
frame in which it will be completed. It should address guarantees on plants and
how they will be handled if the plants fail and how other problems will be
handled. Like any other contract, it is enforceable in a court of law.
Regardless of the skill level or size of the landscaping business you contract
with, you NEED THIS PIECE OF PAPER. Without it, you are pretty much at their
mercy.

If you don't get satisfaction from this person and you have no written contract,
my advice is to make their life miserable. Continue to call him, contact your
neighborhood association or whoever has contracted with him for your community
landscaping and inform them of your experience with this individual. When you
see his truck, stop and ask him - preferrably within the hearing of his current
clients - when he intends to come back and correct the problems that exist. In
his defense, this is a pretty busy time of year for people in this industry, but
there is no excuse for being a no-show for an appointment or not returning phone
calls. It is a matter of professionalism, which unfortunately is lacking with
many people who think this is an easy way to make a buck. But from your post it
sounds like this guy is pretty popular in the community - making a big fuss
which can disrupt this nice little source of income should have some effect. And
if you have a contract, you can take the matter to court for satisfaction if
nothing else brings results. Finally, if he is licensed and bonded (which he
should be), you can file a claim against his liability insurance for work that
was done incorrectly or not completed.

FYI for future landscaping work - make sure you have a contract which spells out
all of the above and do not pay the final fees until work has been completed to
your satisfaction.

pam - gardengal