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Paid over $20,000 for backyard landscaping. Landscaper

Customer Question
refuses to correct some shoddy...
Paid over $20,000 for backyard landscaping. Landscaper refuses to correct some shoddy workmanship which I discovered after paying him. His small tractor which he used a short while for my landscaping has been in my yard for the past 7 months. Is there any way to put lien on tractor till he corrects his work. I live in Kern county california
Submitted: 10 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
11/13/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 15,708
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 10 months ago
Await your reply
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

Great, thanks! just a moment....

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Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

Thank you very much for your patience. This appears to be a classic breach of contract because they failed to do the job that you paid for. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

This also to me sounds like a classic case of negligence because they failed to act in a manner that would be reasonable for a landscaper and it could potentially cost you $ to get it fixed. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages.

Unfortunately, you're not automatically entitled to the tractor. You would have to get a court order to get a lien on the tractor, which means you would have to sue them in court first. My recommendation would be to advise them of a breach of contract and negligence and then hopefully t hey will comply. If not, sue.

Did you have any other questions for me?

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Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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Customer reply replied 10 months ago
Is there anyway I can charge him a storage fee for having his tractor in my yard
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago
The law does not specifically allow you to charge a storage fee for having the tractor in the yard. However, if you have to pay to have the tractor removed, then the damages that you suffer as a result can be recovered from the other party. It may be in your best interest to send them a letter saying that you're going to have the tractor removed and ask for reimbursement. You should also set up a time limit as well. This can give you a little bit more leverage. Did you have any other questions for me?
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Customer reply replied 10 months ago
Will filing a complaint with the BBB or with the licensing board yield me any compensation
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago
The BBB does usually help resolve these complaints with the other party. It's something that I would recommend. Just be sure that should have a good timeline of what happened and a contact number of the person that they need to work with. Many times you won't even have to work with it the other party anymore. You just work right through the BBB. You could explain to them that you were looking for some level of compensation so that way you can avoid going to court. I think it would be a good way for you to be able to advocate for yourself and get some justice. What are the questions did you have for me?
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