Originally Posted by LWG
That will be an interesting suit. There is no privity of contract between the pool builder and the landscaper. So I don't see a contract action there. Any damages would have been sustained by the property owner.
Since the landscaper was on the premises, I have to assume that he was there with the owner's permission. I have a tough time thinking of a theory which would allow the landscaper a direct action against the pool builder.
In MD the courts are HUGE on establishing what they call "meeting of the minds". (I have used this example previously) Say you come to my house and you start mowing the lawn. You have a sign on your back that says "Lawn mowing $30". I step out on the front porch and wave hello. Because I didn't stop you from mowing my grass, and because you had a sign on advertising such - We just established "Meeting of the minds", therefore I would be obligated to pay you.
Seems in this case - since the homeowner wanted the landscaper to do the work to the wall - the home owner technically established "meeting of the minds".
I seriously doubt the landscaper had any type of theory in his mindset for payment.
We all know how big headed we scapers can be. I believe this landscaper wasn't thinking clearly when he sent his crew out to do the work. I mean seriously, what how could any owner of an established business send a crew out to do a job after the contractor had told him "we're not going to use you, we're not accepting your contract, we have made other arrangements"??
That would be like me showing up to a wedding uninvited and demanding that the wedding party provide me with a free meal and open bar.