Can I take my landscaper to small claims court for breach of contract?
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Can I take my landscaper to small claims court for breach of contract?
I gave a down payment of 1/2 the amount of the overall job over 4 months ago. I was told at least 3 different times from then until now the job would be done. The final payment of $1500 was due the middle of last month. I had gone over 2 weeks of not seeing or hearing from the landscaper until the 15th when he wanted to collect payment. I refused to pay him. I now plan on taking him to small claims court for $2000 of damages and job not being done. He has threatened to put a lien on my house and sue me treble. What should I do? How should I go about this and do I have a chance of winning?
Asked on July 20, 2011 Colorado
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If your landscaper is a licensed contractor in your State, you might consider reporting him or her to your State's licensing board due to the failure to complete the contract in a timely manner as agreed to or fpr abandoning the job.
The final payment is due upon completion of the job and it has yet to be done.
You should write the landscaper a letter (keeping a copy) advising him or her that completion of the project is to be done by a certain date. If that does not happen, hire someone else to finish the project since the work to be done essentially has been abandoned by the landscaper you hired. If the cost of the new person exceeds the balance per your contract to finish what is left, you have been damaged the difference between the two. Depending upon the amount, you may consider a legal action.
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