Legal Question for the Law Men

[Townhallsavoy]

We hired a lawncare company to treat our yard for weeds and help it be green and pastoral and shit.  It was nice for a while...until last June when the technician used the wrong chemicals.  75% of my front yard died and is now rocks and dirt. 

The owner assured us that he would take care of it no charge.  He continued treating the yard for free since last June and the patches of live grass does look rather nice amongst the Mojave. 

We've been calling him to find out when he's going to lay the new sod on the dead patches.  In early April, he told us that we needed to make sure we would be home the first week of May.  He would be hiring a company to do the work and that we would need to water it twice a day for a week once it was installed.

The first week of May came and went and nothing happened with our grass.  So we called the week after and was told the owner was busy.  So we left messages and heard nothing.

Finally yesterday, we got ahold of him.  Asked about the new grass and he said the company he uses must be real busy and would need two weeks to get to my house.  I asked for a definite date and he couldn't give me one.  I asked for a contact name and he couldn't give me one.  I asked for a number for the company he uses and he couldn't give me one. 

So pretty much, he's not going to fix my yard that he killed.  We have a voicemail saved of the owner assuring us that the yard would be fixed at the beginning of spring. 

I'm needing to sell or rent out my house.  I'm going to have to redo my entire front yard out of my own pocket.  Can I sue this guy?  Small claims court?  Better Business Bureau?  Any options here?

[Kaos]

Before suing, I'd advise you to get some law firm to write him a letter explaining the situation, outlining what he promised, listing the steps you've taken to resolve it (patiently) and then asking for specific redress. 

Need to outline exactly what you expect to be done and when.  And also what the consequences of his failure will be. 

Otherwise? I am available later this week to threaten to burn down his house and commit suicide on the day he dies so I can follow him into hell and kick his ass every day for eternity.  That seems to work as well.  My charges are reasonable. 

[WiregrassTiger]

Legally speaking, your best recourse is to threaten the guy that bad things are about to start happening. Shit in a paper bag, set it on fire on his porch for starters. Then ramp up if needed. Slash his tires, break his windshield, leave nasty signs about his business around town.

All of this is perfectly legal until he remedies the problem.

[dallaswareagle]

Before suing, I'd advise you to get some law firm to write him a letter explaining the situation, outlining what he promised, listing the steps you've taken to resolve it (patiently) and then asking for specific redress. 

Need to outline exactly what you expect to be done and when.  And also what the consequences of his failure will be. 

Otherwise? I am available later this week to threaten to burn down his house and commit suicide on the day he dies so I can follow him into hell and kick his ass every day for eternity.  That seems to work as well.  My charges are reasonable.

Win-Win for everybody.

[Townhallsavoy]

Before suing, I'd advise you to get some law firm to write him a letter explaining the situation, outlining what he promised, listing the steps you've taken to resolve it (patiently) and then asking for specific redress. 

Need to outline exactly what you expect to be done and when.  And also what the consequences of his failure will be. 

Otherwise? I am available later this week to threaten to burn down his house and commit suicide on the day he dies so I can follow him into hell and kick his ass every day for eternity.  That seems to work as well.  My charges are reasonable.

I'm wondering if I can go ahead and replace the yard myself - use a company or not - and make him pay for it.  I need to get out of my house.  I'm not going to be happy if my entire life career choice is altered because some fuckhead killed my yard. 

[Kaos]

I'm wondering if I can go ahead and replace the yard myself - use a company or not - and make him pay for it.  I need to get out of my house.  I'm not going to be happy if my entire life career choice is altered because some fudgehead killed my yard.

You could but you'd never get your money.  He's able to do things at his cost.  If you hire it out and then bill him I don't think any court would make him pay that amount.  You'd have to first show that you'd given him ample opportunity to rectify the situation himself. 

You pay to have the yard done and it's my perfectly sane legal opinion that you'll bear that cost and he'll skate. 

[WiregrassTiger]

Why don't you just put a huge sign in your yard that states: (name of business) killed my yard and said he would replace it. Hasn't happened yet.

[CCTAU]

Why don't you just put a huge sign in your yard that states: (name of business) killed my yard and said he would replace it. Hasn't happened yet.

This.

And then find where he lives and sow salt into his own yard. Quietly of course. Don't call into the radio and brag about it.

Write bad words in his yard. Like poopy and butt.

[WiregrassTiger]

This.

And then find where he lives and sow salt into his own yard. Quietly of course. Don't call into the radio and brag about it.

Write bad words in his yard. Like poopy and butt.

And pee pee, doody hole and Poo Poo head.

[dallaswareagle]

Why don't you just put a huge sign in your yard that states: (name of business) killed my yard and said he would replace it. Hasn't happened yet.

A lot of things to do, They have a facebook page? post your story to it, keep it copied cause you have to go back on post almost every other day. Post the story to your facebook page, sends to your local reporter, they love digging shit up on bad businesses, Yelp, yahoo reviews. Have you filed a complaint with the BBB? You twitter? send it out.

[WiregrassTiger]

A lot of things to do, They have a facebook page? post your story to it, keep it copied cause you have to go back on post almost every other day. Post the story to your facebook page, sends to your local reporter, they love digging shoot up on bad businesses, Yelp, yahoo reviews. Have you filed a complaint with the BBB? You twitter? send it out.

O.K. I will when I have time. But, it's actually Townhallsavoy's issue. I don't really have a lot of time for trivial shit like this. It has to be a high dollar situation for me to get concerned but I guess I could help.

[dallaswareagle]

O.K. I will when I have time. But, it's actually Townhallsavoy's issue. I don't really have a lot of time for trivial shit like this. It has to be a high dollar situation for me to get concerned but I guess I could help.

Your 3000+ post say you do.

[WiregrassTiger]

Your 3000+ post say you do.

The main reason I come on here is that I'm just trying to help lesser men with advice and what-not. It's not like I really have the time. I simply take time out of my busy and important schedule as a service for the ne'er–do–wells.

[Pell City Tiger]

Just spray paint the dirt & rocks green like they do at Talladega.

[Godfather]

You should talk to Chizad he has a bunch of good contractors.

[Vandy Vol]

K's correct.  First step is to write them a demand letter, or have an attorney write them a demand letter, so that you can have a record of what you've previously requested and what remains unresolved.  It also creates a record of what you've done to try to get them to correct the problem, and shows that you've tried to mitigate your damages.

If they don't respond or otherwise refuse to fix the yard, then you can pay to have it fixed yourself, but just know that you aren't guaranteed to be compensated for what you spent.  You'd have to take him to court to request compensation, and even then, you'd have to deal with arguing whether you did your due diligence in finding a company/person to fix the yard for a reasonable price, whether you gave the first guy a reasonable amount of time to fix the yard, etc.

If it comes to the point that you have to take him to court, it'd be best to do so while the yard is still fucked.  Fewer issues to address in court, and the damages are still easily proven.

[Kaos]

K's correct.  First step is to write them a demand letter, or have an attorney write them a demand letter, so that you can have a record of what you've previously requested and what remains unresolved.  It also creates a record of what you've done to try to get them to correct the problem, and shows that you've tried to mitigate your damages.

If they don't respond or otherwise refuse to fix the yard, then you can pay to have it fixed yourself, but just know that you aren't guaranteed to be compensated for what you spent.  You'd have to take him to court to request compensation, and even then, you'd have to deal with arguing whether you did your due diligence in finding a company/person to fix the yard for a reasonable price, whether you gave the first guy a reasonable amount of time to fix the yard, etc.

If it comes to the point that you have to take him to court, it'd be best to do so while the yard is still fudgeed.  Fewer issues to address in court, and the damages are still easily proven.

The first step to enlightenment. 

[Vandy Vol]

The first step to enlightenment.

No, LEDs are the first step to enlightenment.

[Saniflush]

No, LEDs are the first step to enlightenment.

No. 
LED's are the first step to lighting.  As mandated by the U.S. Government

[CCTAU]

Chemlawn killed my yard years ago. I called and told them. They said they were sorry. I told them to screw off. That I would find another company that did not kill lawns. Luckily it was Bermuda grass(hearty stuff). I de-thatched(manually) three large trash cans full of dead grass and then let it grow back in. I did have to apply some sand in areas. By the end of the summer, it was back. But I had time to foll with it. If I did not have time, I guess I would have waited for them to kill it more.

thanks for listening to my story that did not help him with his decision.