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.

I see these cases in civil court all the time.......yes you have
rights.



On Tue, 8 Apr 2003 11:36:19 -0400, "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.

Call the Better Business Bureau.

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.

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

Marilyn wrote:

snip

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?

Probably the first place to start is with your state attorney general office of
consumer affairs. They should be able to point you in the proper direction and
provide some assistance. The BBB is nice but worthless in that they can do
nothing.
--
John S. DeBoo

First of all, call your local BBB ask to hear his record and file a complaint.
That'll light a fire under him. then check your local paper or TV station for
something like "Action Line", which checks out "unresolvable" complaints..
Ofter they're resolved very quickly when the business sees its name in print.
zemedelec

" 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.

how do I find out who his insurance company is?



FYI for future landscaping work - make sure you have a contract which
spells out
all of the above

Pam and all,

THANKS so much for getting me started here. The contract is not specific
but does say he will replace trees which die. How dead do they have to be
and when are they replaced? Also, many perenials which I have never
seen....it was a bad winter...none are turning green.

For my next contract for a backyard patio, I will put some of these details
in the contract. Anything specifically I should include?

Also, for hardscape, do you find that having a plan paid to get bids, is
better than getting the free plan from the local nurseries?

THANKS so much all...tbc...they are all outside cutting my next door
neighbor's lawn now but the owner isn't there...just the guys who don't
speak English anyway. But they park the truck with their Advertisement in
front of my house...eek!
Marilyn

"Zemedelec" wrote in message
...
First of all, call your local BBB ask to hear his record and file a
complaint.
That'll light a fire under him. then check your local paper or TV station
for
something like "Action Line", which checks out "unresolvable" complaints..
Ofter they're resolved very quickly when the business sees its name in
print.
zemedelec

Marilyn wrote:

" 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.

how do I find out who his insurance company is?

There should be a state licensing agent for contractors (the agency that
assigns contractor numbers that identify them as licensed and bonded) - they
will have record of his insurance information and can direct you on how to
contact the company.




FYI for future landscaping work - make sure you have a contract which
spells out
all of the above

Pam and all,

THANKS so much for getting me started here. The contract is not specific
but does say he will replace trees which die. How dead do they have to be
and when are they replaced? Also, many perenials which I have never
seen....it was a bad winter...none are turning green.

Well.....dead is dead! Not exactly a situation that can or needs to be
negotiated :-)) But I would claim for replacement anything that does not leaf
out properly this spring. Many perennials emerge quite late - only after
temperatures warm up sufficiently - so there is still a chance for many of
these to still appear, although I'd track their emergence against what is
happening with your neighbors' gardens. If your new plants do not emerge or
appear to be growing properly when all of the rest of your neighbors' gardens
are flushed out and going nuts in spring, then it is time to call this joker
back to do some fixing.



For my next contract for a backyard patio, I will put some of these details
in the contract. Anything specifically I should include?

Just all of the lessons you have learned from this unfortunate experience.



Also, for hardscape, do you find that having a plan paid to get bids, is
better than getting the free plan from the local nurseries?

You get what you pay for. Most nurseries that offer "free" landscape designs do
so as inducement to you to buy their plants. Landscape design is a skill that
requires time and training and as a professional designer myself, I have a hard
time imagining the quality of a design someone is willing to give away for
free, even if it is included as part of a package deal that includes the plants
and the installation of the overall design. OTOH, contracting with a business
that offers design and build services (formulating a landscape design AND
installing it) will usually result in prompt service and decent follow-though.
But you will likely be paying more than if you have in hand a "free" nursery
plan and putting that out for bids. Often, landscape contractors are not that
eager during the busy season to install other folks' designs unless it is a
big, money making project.

HTH
pam - gardengal

In article ,
says...

For my next contract for a backyard patio, I will put some of these details
in the contract. Anything specifically I should include?

I can speak from the point of view of condominium property management. I've
worked in that industry for the past 10 years so have seen a lot of contractors
come and go and witnessed how tough it is to get some of them to do exactly
what you've contracted for in writing.

Our contracts were written quite clearly.

They specified when a contractor would start "spring cleanup" and when it
should be finished by, weather permitting, of course.

They specified how much, and what type, of mulch would be applied (either in cu
yds or by inches of depth.) They also specified that the old mulch material
would be removed from the property and disposed of at contractor's expense.

Other things specified were the minimum number of "cuts" per year (typically 25
- 26 in the area I lived), types of fertilization to be applied (pre-emergent,
broadleaf, etc.), and when it should be applied. They outlined any plantings
the contractor was to do and what type of shrubs/etc. were to be installed, and
also spring & fall annuals if required.

Since we were contracting for business purposes, insurance (both liability and
worker's compensation) were required, with the liability limit of $1M. in most
cases.

Payment was typically made monthly, with an advance made at the beginning of
the spring to purchase mulch. It was specified that the last payment of the
season (usually October time frame) was a "holdback" to ensure that everything
in the contract had been done to our satisfaction.

Also, for hardscape, do you find that having a plan paid to get bids, is
better than getting the free plan from the local nurseries?

In business you typically take bids, and as a private homeowner it's not a bad
idea to do it either. Unless you know someone who trusts a contractor
implicitly, it's all too easy to have the unfortunate results that you did.

If it's too late in the season to get bids, and you want to do it next year,
call contractors and make an appointment for them to come out as soon as the
grounds are snow-free in the spring to "assess" what they'd charge for doing
your grounds. When they come to look at it, give them a written specification
of what you want done. Then, when you have several people look at it and give
you feedback on the specific things you've asked about, you can compare their
prices. Note that contractors will often give you information in a format
different from what you requested, so you will have to take the time to break
down the bids into "apples versus apples" rather than "apples versus oranges
versus plums versus pears".

Our contracts were also written that the "owner" of the property had final
approval of what the contractor did, and that either party could terminate the
contract in writing (certified, return receipt letter) with "X" days' notice
from either party.

And be sure to keep a signed copy of the contract! Sign two identical ones --
one for you and one for them.

I realize this may be WAY more info that you really wanted, but....thought I'd
spell it out in case someone might be interested.

--

Kim

"We have done so much with so little for so long that now we can do anything
with nothing." -- Dave Marcis

On Sun, 20 Apr 2003 09:24:21 -0400, Kim wrote:

Kim, I tried to email you a great big thank you. Your advice and
directions worked. But it bounced. Please know I appreciate your
email.

zhan

In article ,
says...

On Sun, 20 Apr 2003 09:24:21 -0400, Kim wrote:

Kim, I tried to email you a great big thank you. Your advice and
directions worked. But it bounced. Please know I appreciate your
email.

zhan

You're welcome. I had put my email in the message below my name since I have
messed up the one that's publicly seen, to avoid getting more spam.

Glad I could help!

--

Kim

"We have done so much with so little for so long that now we can do anything
with nothing." -- Dave Marcis