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Need Advice - Install - Collecting

Discussion in 'Landscape Architecture and Design' started by DFW Area Landscaper, Jan 26, 2004.

  1. ElephantNest

    ElephantNest LawnSite Bronze Member
    from La.
    Messages: 1,870

    Unless it states in a written contract that the stones are his until paid, that would be theft.
     
  2. kels

    kels LawnSite Senior Member
    Messages: 280

    what about a collection agency, I know they will take about 30% on what is collected, but $700 of $1000 is better than $0, if the lady still does not pay then I believe that the collection agency can put it against her credit, which will come back on her in the long run.
     
  3. OP
    OP
    DFW Area Landscaper

    DFW Area Landscaper LawnSite Silver Member
    from DFW, TX
    Messages: 2,119

    Well, I think what I'll do send her a note with this month's statement via certified mail.

    --------------------------------------------------------------------------------
    Dear xxxxxx,

    I want you to be happy with your new landscape. I’m willing to do whatever is reasonably necessary to ensure that you’re happy with the end results. Unfortunately, I am not able to warranty plant materials or replace those paving stones with minor scuffmarks until after full payment has been rendered. The balance due at this time, which is over 120 days past due, is $1,033.15. The 12-month warranty on the plant materials expires on August 15th, 2004. If you have any questions or would like to discus, please give me a call.
    ---------------------------------------------------------------------------------

    A month from now, I think I'll file in small claims. I think this letter will protect me from having to repay her $1,600.00.

    What do ya'll think?

    Thanks
    DFW Area Landscaper
     
  4. olderthandirt

    olderthandirt LawnSite Platinum Member
    from here
    Messages: 4,898

    What are you going to do if she sends you a letter back saying that its paid in full as agreed upon? And if you do not fix the scoff marks in 30 days she will file suit against you. You need to get her to agree in writing that she owes more

    Mac
     
  5. terracare

    terracare LawnSite Senior Member
    Messages: 353

    The white on top of any concrete products is generally referred to as efflorescence. Efflorescence is free lime generated by both the cement and the aggregates within the product. Generally, during the first few months of production, these calcium deposists work through the products from the inside to the top surface of pavers. In time, through the natural weathring process, this deposit wears off.

    -Todd
     
  6. OP
    OP
    DFW Area Landscaper

    DFW Area Landscaper LawnSite Silver Member
    from DFW, TX
    Messages: 2,119

    ++++In time, through the natural weathring process, this deposit wears off.++++

    I can't understand all the other stuff you're talking about, but are you saying that there is some sort of chemical reaction taking place on the scuff marks that will cause them to fade? The customer and I are both fairly well convinced that the scuff marks aren't going away any time soon.

    Maybe I should drive out to the PaveStone plant, show them a phote and ask them to issue a statement regarding the scuff marks or something.

    Later,
    DFW Area Landscaper
     
  7. landscapingpoolguy

    landscapingpoolguy LawnSite Senior Member
    Messages: 824

    Have your lawyer write her a letter saying that if she does not complete payment within 7 days of recieving the letter that she will be taken to court and that a collection agency will be notified to take action against her. I have dealt with these kind of people before, and the only way to get them to pay is to scare them. Its obvious she does not have the money but it is important for you to get you money..after all of the trouble how much profit is really in the job now anyways? For me the satisfaction of taking this to the highest level to make sure I recieved my money would be well worth it. Secondly I would call the paver company and have them send a rep to examine the stones. Its possible that they are not scuff marks and could be a mineral in the concrete reacting improperly to the enviroment. That I would make her aware of and tell her you will do as soon as she pays you.
    Lastly learn from your mistakes, always sign a contract, always get a deposit, always get paid as soon as the tools are packed up. At least this job was only for 2 g's verses a 20g'er.

    Hope this helps

    Chuck
     
  8. OP
    OP
    DFW Area Landscaper

    DFW Area Landscaper LawnSite Silver Member
    from DFW, TX
    Messages: 2,119

    I just returned from the Pavestone plant. The sales rep took a look at the photos. He's surprised the scuff marks haven't disappeared yet.

    Looks like I'll have to replace the scuffed stones if she pays me. $277 for the palet, undelivered and $50 to rent a plate compactor. I may be able to get the Pavestone people to give me some free stones, though. I followed their directions for installation. No where on their websight or in any of their brochures is there any mention of using a pad or carpet with the plate compactor.

    I think I'll send her the letter stating that after she pays me, I'll honor the warranties.

    Later,
    DFW Area Landscaper
     
  9. KCLandscape

    KCLandscape LawnSite Senior Member
    Messages: 524

    Compactor with the rubber pad works great. Pavestone will tell you anything to sell the product.
    If you are not using a rubber pad/mat, might as well install them with a 5 lb. hammer.
     
  10. highpointtrees

    highpointtrees LawnSite Member
    Messages: 5

    hmm scuff marks on pavers ????this was what started your troubles imo ,next time use a whacker plate with a block paving cover on it (there made of rubber and attach to the bottomn of the whacker plate )no more scuffs
     

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