Can I take my landscaper to small claims court for breach of contract?

UPDATED: Jul 20, 2011

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Can I take my landscaper to small claims court for breach of contract?

I gave a down payment of 1/2 the amount of the overall job over 4 months ago. I was told at least 3 different times from then until now the job would be done. The final payment of $1500 was due the middle of last month. I had gone over 2 weeks of not seeing or hearing from the landscaper until the 15th when he wanted to collect payment. I refused to pay him. I now plan on taking him to small claims court for $2000 of damages and job not being done. He has threatened to put a lien on my house and sue me treble. What should I do? How should I go about this and do I have a chance of winning?

Asked on July 20, 2011 Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your landscaper is a licensed contractor in your State, you might consider reporting him or her to your State's licensing board due to the failure to complete the contract in a timely manner as agreed to or fpr abandoning the job.

The final payment is due upon completion of the job and it has yet to be done.

You should write the landscaper a letter (keeping a copy) advising him or her that completion of the project is to be done by a certain date. If that does not happen, hire someone else to finish the project since the work to be done essentially has been abandoned by the landscaper you hired. If the cost of the new person exceeds the balance per your contract to finish what is left, you have been damaged the difference between the two. Depending upon the amount, you may consider a legal action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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