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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55598
Experience:  Attorney with 29 years of experience.
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I contracted with a landscaping company to install a

Customer Question

I contracted with a landscaping company to install a synthetic lawn. It is now melting and he will not stand by his product.
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you.

They are in breach of contract and you do have recourse. Since they won't resolve this voluntarily, you want to raise the stakes on them. First, get an estimate from another landscaping company of the cost to properly remediate the problem. Then, send the existing company a certified, return receipt requested letter detailing the history and their defective work and demand they pay you what it will cost you to have another company remediate the problem since you no longer have confidence in them. Inform them that if they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action for their intentional and willful misconduct in having no intention of honoring the warranty of their workmanship and materials,, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on the record.

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