When can a landscaper be considered to have abandoned a job?

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When can a landscaper be considered to have abandoned a job?

The landscaper was engaged 3 weeks ago, with no formal agreement, to do a pretty small job. The landscaper was slow to get the job started, and then didn’t complete the job consistent with the agreed upon design. When it was pointed out that the job wasn’t completed as agreed, the landscaper asked when they could come back to correct it.At first the landscaper had excuses about not being able to come back on the date/times offered. Now they’re not even responding to additionally offered dates/times.

Asked on December 12, 2014 under Business Law, District of Columbia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

WHat you have is an oral contract to do the work, which is enforceable.  What I am worried about is if you move on the landscaper could try and enforce it as against you.  So I might consider writing to cancel the contract between you after setting a time limit to respond and complete.  Do not get fancy in your statement and keep to generalities about the job. Good luck.


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