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I hired a landscaper to do my backyard. Long story short, he put a lien on our house for non payment. We paid him $25,000 upfront for a job that had yet to be completed. We still had 5780 left to pay and he agreed that we could make payments, which we have. About a month ago he sent an email stating that he knows he told us we could make payments but due to the economy he wanted the full payment. I told him that we will continue to make payments (500.00) and he needed to finish what we asked to be corrected. Mind you, we were still making payments even though he still had not taken care of the corrections. Today I find out that he put or his putting a lien on the house. He called my job and left a message for me. This was professionally embarrassing to me as I am the senior enlisted advisor in my squadron and I counsel Marines all the time about financial irresponsibilities. I'm sure that this bit of information is all over the squadron. What can we do?

Submitted: 15 days and 14 hours ago.

Category: Legal

Value: $18

Status: CLOSED

State/Country relating to Question: Georgia

Already Tried:
At one point I thought we came to an agreement. He said he did not want to go to court and he would make the corrections for full payment and we agreed. Next thing we know he said he did not put our agreement for payments in writing and he was putting the lien on the house. Isn't the verbal agreement a contract and doesnt the email show proof that we had the agreement?

Posted by DCrane 15 days and 14 hours ago.

Info Request

to be clear, is your voicemail open to members of your squandron? and did the landscaper have reason to know this?

15 days and 14 hours ago.

Reply

He left a message with one of my Marines. He actually told her on the phone and she texted me while I was in a meeting because she felt it was urgent and it was. I am presently in another state. He has both my husband and mine cell phone numbers and email address.

Posted by DCrane 15 days and 14 hours ago.

Info Request

ok, and does your written agreement call for payment up front?

15 days and 14 hours ago.

Reply

Yes, at the bottom of the initial contract it does say "full payment when job is completed". But he/we made a verbal agreement about the last 5000 owed and we even have him saying it in an email to us. He has even accepted (3) 500 dollar payments so far.

Posted by DCrane 15 days and 14 hours ago.

Answer

ok, the verbal agreement is legally irrelevant because either party can claim different terms were agreed upon and there is no way to know what the real agreement was. Hoowever, since the job has not been completed, your are not yet obligated to pay him the full amount.

15 days and 14 hours ago.

Reply

The terms were made by me. He said what ever I could afford and I told him 500.00 and like I said he has accepted 3 payments. What about the email that came from him saying he knows he told us we could make payments?

Posted by DCrane 15 days and 14 hours ago.

Answer

Unless there was additional consideration offered by you after the modification of the written agreement to establish the payment plan of $500 a month, the monthly payment plan is unenforceable and the written agreement is binding.

15 days and 14 hours ago.

Reply

You are not mentioning the email that came from him about payments. That has to account for something. What can I do about the lien?

Posted by DCrane 15 days and 13 hours ago.

Answer

The legal relevance of the email would be considered as follows: unless you offered additional consideration for the agreement to accept monthly payments, the agreement to accept monthly payments would be considered a gift and the contractor could retract it at any time.

With respect to the lien, in order for the lien to be placed on the home you and the contractor will have to appear before a judge at which time you would argue that per the written agreement the lien is improper since the work was not yet completed.

15 days and 13 hours ago.

Reply

I am not understanding additional consideration. I would not have been making payments if he did not offered it and there would not have been another 5000 to pay. Please break it down in laymens term so that I might understand better what you are saying because you keep saying the same thing.

Posted by DCrane 15 days and 13 hours ago.

Answer

in sum, consideration means what you gave in exhange for something. If you did not give anything, the other party is not bound to give either. Since you did not give anything for the monthly payment plan modification (e.g. an amendment fee or something or the sort), the contractor can revoke acceptance of the payment plan.

15 days and 13 hours ago.

Reply

IT WAS HIS IDEA!!! I gave him 25,000 for a yard that he still has not finish. Did I mention that 15,000 was given before the job even started. We were very accomodating to him.

Posted by DCrane 15 days and 13 hours ago.

Answer

I understand, but it does not change the legal consequences.

15 days and 13 hours ago.

Reply

so in other words, we are screwed?

Accepted Answer

no, the entire matter reverts back to the original contract where it states he gets paid when the work is complete. He has not completed the work yet.

Accepts:
Expert:	DCrane
Pos. Feedback:	98.7 %
Answered:	11/5/2009

Attorney

Negotiate, Draft, and Review many complex commercial agreements each year.

15 days and 12 hours ago.

Reply

Thank you

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Optional Information

Info Request

to be clear, is your voicemail open to members of your squandron? and did the landscaper have reason to know this?

Reply

He left a message with one of my Marines. He actually told her on the phone and she texted me while I was in a meeting because she felt it was urgent and it was. I am presently in another state. He has both my husband and mine cell phone numbers and email address.

Info Request

ok, and does your written agreement call for payment up front?

Reply

Yes, at the bottom of the initial contract it does say "full payment when job is completed". But he/we made a verbal agreement about the last 5000 owed and we even have him saying it in an email to us. He has even accepted (3) 500 dollar payments so far.

Answer

ok, the verbal agreement is legally irrelevant because either party can claim different terms were agreed upon and there is no way to know what the real agreement was. Hoowever, since the job has not been completed, your are not yet obligated to pay him the full amount.

Reply

The terms were made by me. He said what ever I could afford and I told him 500.00 and like I said he has accepted 3 payments. What about the email that came from him saying he knows he told us we could make payments?

Answer

Unless there was additional consideration offered by you after the modification of the written agreement to establish the payment plan of $500 a month, the monthly payment plan is unenforceable and the written agreement is binding.

Reply

You are not mentioning the email that came from him about payments. That has to account for something. What can I do about the lien?

Answer

Reply

I am not understanding additional consideration. I would not have been making payments if he did not offered it and there would not have been another 5000 to pay. Please break it down in laymens term so that I might understand better what you are saying because you keep saying the same thing.

Answer

Reply

IT WAS HIS IDEA!!! I gave him 25,000 for a yard that he still has not finish. Did I mention that 15,000 was given before the job even started. We were very accomodating to him.

Answer

I understand, but it does not change the legal consequences.

Reply

so in other words, we are screwed?

Accepted Answer

no, the entire matter reverts back to the original contract where it states he gets paid when the work is complete. He has not completed the work yet.

Reply

Thank you

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Optional Information

Info Request

to be clear, is your voicemail open to members of your squandron? and did the landscaper have reason to know this?

Reply

He left a message with one of my Marines. He actually told her on the phone and she texted me while I was in a meeting because she felt it was urgent and it was. I am presently in another state. He has both my husband and mine cell phone numbers and email address.

Info Request

ok, and does your written agreement call for payment up front?

Reply

Yes, at the bottom of the initial contract it does say "full payment when job is completed". But he/we made a verbal agreement about the last 5000 owed and we even have him saying it in an email to us. He has even accepted (3) 500 dollar payments so far.

Answer

ok, the verbal agreement is legally irrelevant because either party can claim different terms were agreed upon and there is no way to know what the real agreement was. Hoowever, since the job has not been completed, your are not yet obligated to pay him the full amount.

Reply

The terms were made by me. He said what ever I could afford and I told him 500.00 and like I said he has accepted 3 payments. What about the email that came from him saying he knows he told us we could make payments?

Answer

Unless there was additional consideration offered by you after the modification of the written agreement to establish the payment plan of $500 a month, the monthly payment plan is unenforceable and the written agreement is binding.

Reply

You are not mentioning the email that came from him about payments. That has to account for something. What can I do about the lien?

Answer

Reply

I am not understanding additional consideration. I would not have been making payments if he did not offered it and there would not have been another 5000 to pay. Please break it down in laymens term so that I might understand better what you are saying because you keep saying the same thing.

Answer

Reply

IT WAS HIS IDEA!!! I gave him 25,000 for a yard that he still has not finish. Did I mention that 15,000 was given before the job even started. We were very accomodating to him.

Answer

I understand, but it does not change the legal consequences.

Reply

so in other words, we are screwed?

Accepted Answer

no, the entire matter reverts back to the original contract where it states he gets paid when the work is complete. He has not completed the work yet.

Reply

Thank you

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