Originally Posted by LWG
Those are usually the same words I say in similar circumstances. However, if the answer is "I have a verbal agreement" my obligation is still to try to enforce their rights. I will certainly tell them how I think the absence of a written agreement will affect their probability of recovery.
Never underestimate your adversary. As I said earlier, there might be a written, gilt-edged contract -- between the owner and the landscaper. That agreement would allow the 'scaper to sue in the name of, and based upon the damages of the owner. If the 'scaper was really clever, he would have worked this out immediately with the owner as soon as there was evidence of negligence on the part of the pool builder. The 'scaper gets the repair job, the owner gets a reduced price (because his agreement has him paying nowhere near $9,000.00) and the 'scaper gets to sue the pool builder for the market value of his services, which he will testify to as being what his estimate was.
Perhaps this is too complicated for the amount of money here. If you add three or four zeroes to the amounts, my supposition might be more likely.
I hear you loud and clear
But I seriously doubt that is the case. Landscapers are not that smart (only I am - LOL).
Landscapers are possessive. They get mad if their lawn mowing customer calls another contractor to do the planting.
I believe the landscaper was proud of his job (which he used the wrong sealer on, and it showed), found out that the pool guys were accepting all responsibility from the get-go, and simply assumed that he would be the one fixing the job. Just like the guy on this forum a few weeks ago. If he's like me, He was looking forward to coming back in the spring and getting pictures for his website. No one likes surprises. We contractors are control freaks. We love to hate pool builders. Things didn't go his way - so he is acting out of spite.
Posted via Mobile Device