[drivenaway]

I own a landscape architecture business. Approximately 14 months ago, I hired an owner/operator to deliver three mature apple trees to a client, which he did on time and in good condition.

This spring is the first time the trees have blossomed and now the client claims they're the wrong breed and he wants them removed and replaced with the breed of trees he ordered and paid for.

The mistake turns out to be the fault of the owner/operator who gave the nursery incorrect information regarding the trees. Am I liable for the trees, or does the burden of replacing them fall upon the owner/operator?

[Fr_Chuck]

If the contact with the home owner was between you and them, you have to make it right to the home owner, but you can go back to the contractor to take care of it. But if they won't, you will have to do it and then use the courts to go after the contractor