What is the best way to handle a lawn maintenance owner who has breached the contract I have with him?

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What is the best way to handle a lawn maintenance owner who has breached the contract I have with him?

He has billed me for aeration services that his company never preformed. He is contracted to maintain my yard twice a month. Several months he has only come our once. When confronted he gets angry and writes that he has done the yard and the aeration was completed. He then give me a higher that contracted amount to pay in 7 days or a lien will be placed on my house and my credit will be dinged. I just want to get away from this guy. I am in the last month of the contract he breached.

Asked on June 17, 2015 under Business Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue him to recover any amounts he billed you for work which he did not do. In the lawsuit, you can also seek a court order (injunction) stating that he will not contact you again or take any action against you, including a false credit report or attempting to put a lien on your property.

If you don't want to affirmatively bring a lawsuit against him at this time, if you're in the last month of the contract, immediately send him something in writing, sent some way you can prove delivery (e.g. Fed Ex with tracking; certified mail with return receipt) confirming that you are NOT renewing your contract. Hopefully, that will be the end of it, and you'll "just" be out the money you paid to date for services never rendered. If he does try to keep providing services, claim the contract is renewed, or bill you after the expiration of this contract, you'll probably have to sue him then--but the letter you sent him will be helpful evidence.


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