May need to sue a landscape customer, 1st time

Discussion in 'Landscape Architecture and Design' started by pjslawncare/landscap, Apr 24, 2005.

  1. pjslawncare/landscap

    pjslawncare/landscap LawnSite Bronze Member
    Messages: 1,410

    Yea, he is a real jerk and wants more than he paid for so I may need to take him to court to get the rest of my money. Anyway, Im gathering my receipts to total my investment and I was wondering if a judge would discount my markup on my plants and materials. For example, I purchased boxwoods at my cost of $884.00 and I charged the customer $1,148. When I present my reciept of $884, what should I expect to be compensated for? Or should I not present the receipts and only present my invoice?
    Hopefully this guy will smell the coffee and settle before I sue his butt. Never had to sue yet in 11 years
  2. sheshovel

    sheshovel LawnSite Fanatic
    Messages: 5,112

    Judge will expect to see your mark-up and there is nothing wrong with that he knows it's the way we make our $ just better have before and after pics and detailed account of the work involved and agreed upon.
  3. pjslawncare/landscap

    pjslawncare/landscap LawnSite Bronze Member
    Messages: 1,410

    Yes, I have before, during & after pictures (28 of them) :)
  4. PTOhioMower

    PTOhioMower LawnSite Member
    Messages: 197

    Good luck. I hope you get what you worked hard for.
  5. jpmako

    jpmako LawnSite Senior Member
    Messages: 593

    That is not really a mark-up.
    It is a delivery charge for the materials and also time spent at the nursery picking them out.

    Just my 2 cents,
  6. DLS1

    DLS1 LawnSite Bronze Member
    Messages: 1,619

    That is all good you have receipts but do you have a contract of what you were to install and total charge. Without a contract then it gets into his opinion against yours. Judges like contracts since it makes it so much easier to make a judgement.

    SCAG POWER LawnSite Senior Member
    Messages: 343

    First you should have reduced every thing to writting, and had them sign it .If not have them show you what they want done and what they expect to pay. After finishing the job send them a an invoice for your work.

    Then contact them about pmt. If they refuse to pay have them sent , what they call a notice to owner for contrators lein law. You have 45 days to send them this, it will be mailed to them via cert mail, doesn't matter , even if they refuse it it was still given to them. Make one phone call to and bluntly tell them the next step is a lein, for your money. They still do not pay file lein.

    I just got done filing a lein for $1,800 dollars on a former customer of mine from last season, once you file the paper work it is not about your work man ship, it is about getting paid.

    Like i said it does not matter that they did not get any notice they refused it when they did not go pick it up.

    It will cost them more than time to get this resolved even when you give them a releaes of lein.If the house has a mgt on it that company will recive the same notice, adn the fun starts when they send a notice to the owner that they are suppose to be the only ones with a claim to the house. payup
  8. bicmudpuppy

    bicmudpuppy LawnSite Silver Member
    Messages: 2,781

    If you have a contract, and if you feel you have completed that contract, then (depending on your location) file a Lein. I had to do that to get paid abot two years ago. Fortunately for me, it was with a general contractor prior to the building being sold. I got paid, when they got ready to close. They couldn't close without settling with me. Here in KS, a copy of the contract is all you need to file a lein. I know contractors who file the lein about the same time the send out the final invoice. With some generals, that's the only way to get paid. Here, You have to file within 90 days of completion or you are SOL. I have seen some contractors file the lein before even begining work. You then present a lein release with your request for final payment when the work is done. I just don't work for guys like that anymore.
  9. The Good Earth

    The Good Earth LawnSite Member
    Messages: 171

    Go to your county courthouse and file a mechanics lien. Make sure you get on your horse, though. There is a time frame in almost every state that is has to be filed in. If you are past that time frame you are going to be heading for court. With any luck the judge might recommend mediation. That is an easy win with reciepts.
  10. YardPro

    YardPro LawnSite Gold Member
    Messages: 3,570

    here the time frame is 120 days

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