What are my options if I paid a landscaper to plant some trees and install a stone walkway and steps but neither was done satisfactorily?

Written in the contract is a 90 day warranty on the trees. Unfortunately, 1 of the trees he planted did not look so good when it was planted and later died. Also, while he was installing the stone steps, he chipped a corner and promised to come back and fix. That was almost 3 months ago and nothing has been done despite many calls, emails and texts.He promises every week to come and take care of these things but never comes. All I want is my tree replaced and the step fixed or a refund of what I paid him so I can have someone else complete the work.

Asked on August 18, 2014 under Business Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you believe the landscaper did any of the following--

1) violated the terms of the contract or agreement under which it was done;

2) violated any warranties; or

3) the work was negligently (carelessly) done in an unprofessional or commercial unacceptable manner

--you could sue the landscaper to get an  amount equal to the cost to correct the problems. However, you'd have to foot or bear your own legal (such as attorneys) fees and could almost certainly not recover them in a lawsuit--it is possible that the cost of pursuing compensation could therefore, depending on the cost to correct or fix the problems, exceed what you would actually get back from the court.


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