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Carinam28 · Oct 18, 2007, 02:53 PM

We recently hired a landscaper to plant Thuja Green Giant Evergreens on our property line. Instead, he planted Leyland Cypress, which is what we did NOT want. He is now saying that he refuses to move and replant the trees because the ground was rocky and difficult to dig. He is extremely hostile about the whole thing, and I feel like telling him he's not going to get the rest of his money unless he does the job properly. In doing so, I'm also afraid that he won't do a good job this time because he'll be angry. ANY suggestions on what to do? :eek:

froggy7 · Oct 18, 2007, 07:57 PM

First, what does your contract say? If it specifies Thuja Green Giants, he's broken the contract. If it doesn't, it's going to be harder to prove this if it goes to court. I have to admit that I am not sure about the best way to handle it. You may have to give him a chance to fix it. If he has refused to do so, you might consider hiring someone else to remove them and put in the right plants, and sue the original landscaper for the extra costs. (In other words, if you were going to pay him X, and it winds up costing you X + Y, you should be able to sue him for Y.) Of course, as others will say, getting the judgement is easy. Actually getting money out of him is something else.

ScottGem · Oct 19, 2007, 05:48 AM

As Froggy said, it depends on what your contract says. He goofed and doesn't want to eat the extra costs. So if he won't fix his mistake, then you hire someone who will and sue him for your extra costs.