What can be done if my landscape company accidentally killed a portion of my yard last year?

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What can be done if my landscape company accidentally killed a portion of my yard last year?

It was about 4000 sq ft. I wanted it re-sodded, however they agreed to re-seed it. The seed has not done well. When I agreed to reseed it, I wrote and they agreed that if I was not happy with it, then they would re-sod my yard. The manager who visited my yard, agreed that my yard did not look good (in an email) and it needed to be re-sodded. However, the owner of the company will not respond to any calls and will not contact me. He obviously does not want to incur the cost of re-sodding. I want to sue them for the sod and any legal fees along with the possibility of some damages for having a ugly yard for 10 months. The manager is a nice guy. The owner is a jerk.

Asked on May 8, 2015 under Business Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If there was an agreement to re-sod your yard and they have breached or violated that agreement, you can sue them for breach of contract (or breach of warranty, viewing the agreement to re-sod if necessary as a warranty; a warranty is a type of contract, so it's essentially a contract claim). You can sue for the cost of having the yard re-sodded. You cannot sue having an "ugly yard" for 10 months, unless you can show some actual monetary loss--losing a landscaping contest; having someone refuse to buy or rent your house because of the yard; etc.  The law does not compensate for non-monetary or physical losses in cases like this.


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