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A landscape company quit after doing only part of the work…

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A landscape company quit after...
A landscape company quit after doing only part of the work agreed to with an advance payment for some of the remaining work. (the amount they made away with is about $ 600-700) but it makes me angry that they said they would finish just before I paid them and as soon as they cashed the check they said they wouldn't.
Submitted: 8 years ago.Category: Consumer Protection Law
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Answered in 3 minutes by:
6/12/2010
Consumer Protection Lawyer: Marsha411JD, Lawyer replied 8 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 20,988
Experience: Licensed Attorney with 29 yrs exp with Consumer Law issues
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Hello,

There are a few avenues that you can take if the time has run for them to do their work and they haven't done it and will not respond to you. You can either file a complaint with the local BBB who will investigate the case and try to resolve it for you. Or, you can file a small claims court suit for the amount that you paid them and any related damages, court costs and reasonable attorney's fees. The court clerk in your county will have the fill in the blank forms and it is a fairly simple process.
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Customer reply replied 8 years ago
I wonder if the fact that they suggested that they would subcontract with some person and have him do the work for the price agreed to, changes the situation. I don't want the work done by this subcontractor because he says he can't drive because his license has ben suspended for 3 months which is a red flag for me. It might end of costing more in the long run to have the job done badly.

Can I go ahead and have someone else reputable do the work and expect (by small claims court) that this landscape company pay the difference between the incurred cost and the remaining amount I am supposed to have paid them?

thanks in advance for your reply.
Consumer Protection Lawyer: Marsha411JD, Lawyer replied 8 years ago
Hello again,

If they didn't do the work that you both agreed on and you paid for some work that they didn't do, then they owe you that amount and you are entitled to mitigate your damages, meaning have someone else finish the work and ask the court to pay the difference. Since the court is a court of equity the judge/magistrate is free to make any decision that they feel is appropriate under the circumstances. That could be anywhere from just a refund of any unearned funds to you, to the greater amount of having to have the job finished by someone else. As long as you make a reasonable effort to find someone to finish the work at a rate that is line with the locally accepted rates, then usually you would be awarded the cost of getting the job completed.
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