Dispute with customer for lawn maintenance
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Dispute with customer for lawn maintenance
I am having a dispute with a customer for my lawn maintenance company about some shrubs we cut back. They said we butchered them when we pruned them and want us to replace them at no cost. We say they are already diseased and in poor shape. We cut them back according to their instructions. Its a very long row of mature shrubs and would cost us thousands to replace.
Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: Did they ever tell you how far they wanted them pruned back? Was the pruning necessary to maintain the health of the shrub?
Yes, They said approximately 1.5 years back they wanted them cut back to the fence top. The first time we cut them we got about 2 feet from the top of the fence due to the time of the year. The second time was in the middle of the summer so we pruned lightly. The 3rd time was [REDACTED] so we started pruning back to the top of the fence because it was winter time and ok to heavy prune. When the guys were approximately 1/2 completed, they texted and called me and said we were cutting the shrubs way too low. I said we can stop now and they will grow back during the spring and summer. The fence line is approximately 150-200 ft long. After talking to his wife they decided to have us trim all the way across because it would be lop sided. Now they are complaining that they look terrible and the neighbors can see in there backyard. They also said their kids are afraid to go in the back yard because the neighbors can see them from upstairs in their house. This house is probably 200-300 ft from their backyard.
No the pruning was not needed for the health of the plants it was cosmetic
Thanks, ****! Did you ever take photos or videos of the shrub or any before and after photos at all?
one more question. How can I get this chat up on my cell phone. Right now it is on my desk top computer and I need to get on the road to take care of business. Thanks, ****
From some strange reason the customer had some before Photos of them and he showed them to us. I've got some pictures from after the pruning. He sent me one picture from the day we were pruning and that was at the half way point
PS I just got the messages up on my phone
No problem! This is asynchronous, meaning that you aren't required to respond right away. I'm sorry for the technical difficulties. So you're just wondering what your legal exposure is here, correct?
She is wanting to meet today before 3pm to discuss what our solution is. She said the solution shouldn't involve them paying anything. WE are not prepared to replace the shrubs on our dime.. Should we meet with her or postpone until we get a plan from you?
Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?
I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated. Generally, they are alleging that you were negligent in the discharge of your duties. The thing is that you have a good defense in this case and I do NOT believe that you should meet with them or pay anything. Here is what I recommend writing to the: 1. The customer’s instructions regarding the pruning. are what is most important. You can argue that the pruning was performed according to their guidance, including cutting the shrubs to the top of the fence, and that they approved continuing across the entire fence line once concerns about lopsided pruning were raised. 2. Additionally, you could bring up the fact that the shrubs were ALREADY in poor condition, as evidenced by their diseased state, and that the pruning was cosmetic rather than necessary for their health. 3. Furthermore, any visual evidence, like the photos taken during the process, could help. If they were to sue, they would have to prove that your actions exceeded what is typical of a pro landscaper and they would need an expert (most likely) to testify that this is the case. Since you feel in your gut that this was not your mistake and since it's obvious their expectations were misaligned with reality on this, then I don't recommend offering anything back.
Yes that is correct. Should i postpone this meeting?
Totally - I would advise them what I suggested. Call their bluff on this because they are hoping to railroad you with this.
Ive talked to the Texas Agrilife extension service in College station, TX about the probable disease and insect problem. They want me to get a few leaf, stem and root samples to send them. They can put them under a microscope and determine the insect and disease problems they have as well. We had already informed the customer and showed them visually these problems last month. This was part of the reason they didn't look good. We can't go back in with more of the same shrubs because they will get diseased as well. The biggest problem is they are already towards the end of their useful life span. We still have an agreement with them for lawn maintenance and they haven cancelled, yet! I didn't want to tip my hand by telling them we need samples. We go on and off their property all the time for maintenance. Should I try to get those samples next week with or without them knowing? We could go do a fall leaf removal and clean the flower beds and get the samples then. After this I planned on sending them an email with an outline of what you told me. What do you think?
Sure thing! Yes, get samples and then you can email them with an outline of what I said. Assuming you get proof they were diseased already, then you can send the results along with a notice you wont pay.
If for some reason we have to go to court are you the one I talk to? If so is it an hourly rate or do you have set rates? How much do you think it would cost?
I'm flattered, but the problem is the site doesn't let us represent customers. I'm very sorry. For something like this, they would probably take you to small claims, so you probably won't even need a lawyer, BUT if you do need one, I don’t have any contacts but try: Also, try this link - https://www.lawyerlegion.com/lawyer-referral-directory You can also try Lawrina - https://lawrina.org/match/ ContractsCounsel.com has lawyers you can find as well. - https://app.contractscounsel.com/client/create-project/step-h1. There are tons in your area that would be willing to do this. Sometimes, the local law schools can provide free legal assistance, too. Yelp.com is a surprisingly good place to find lawyers. You can also find lawyer on the Legal Services Corporation website. The LSC is an independent non-profit organization authorized by Congress in 1974 to help people find legal aid services (https://www.lsc.gov/what-legal-aid/find-legal-aid).
Thank you!
For sure! Were there any details I missed? Were there any concerns you still needed to be addressed?
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