Advice from you pros, please?

[Beafybear]

I appreciate that you have this forum and I recognize that it is geared toward "green" professionals, which is why I am dropping by with this question...

About 3 months ago I had a brick patio, sod and many shrubs installed in my yard by a local landscaper. The job was about $5,100.00, half of which was paid in cash up front and the remainder at the end of the project. Included in this job was a one-year warranty for the plantings.

Since that time, we have lost 3 Sky Rocket Junipers, nearly lost 8 spirea and totally lost 2 rhododendron. Calls, faxes and emails to my landscaper have gone unanswered, except for one returned call 3 weeks ago in which he said he would be by the next day to pull the dead items and replace them by the weekend. Since then, no contact from him. FYI, When the plantings were installed, the soil was not ammended in any way and I think many itmes were planted too deep.

I am angry as heck now and am considering lodging a complaint with the BBB (Better Business...) and a legal action as well in small claims court.

Questions: Is there a secret to getting in touch with professional landscapers that I'm missing?

Is there some better way for me to try to resolve this matter?

Do any of you professionals have any advice that might help resolve this?

Sincere thanks for your consideration.

BB

[ElephantNest]

Personally, I'd show up at his door.

[Wilderness Lawn]

I for one am no were near a pro, however I do have some knowledge in dealing with the BBB. In most case they request a written letter from the consumer and one from the company, they review and not much happens after that.

Also because I am an A/R manager I have dealings "daily" with leins and Judgements.

If you have a contract that states "refer to above clause" then I would tell you to take pictures and go to court. Might be able to get away w/o attorney ect.

If you don't have a contract. then there is a chance that you will need a attorney, however in VA their is a 3 year window were no contracts are needed to file judgement, 7 year window with a judgement.

This is just my thoughts as said before I am far from a pro!

[CrissBrothersLLC]

show up at his door, dont stop until you get satisfaction. If not, consider small claims court.

[CCLS]

Did you get the one year warrenty in writing? If so, send a letter to the landscaper demanding that the plants be replaced by a certain date or you will seek legal action. You DO NOT need to hire an attorney, you can do this your self in small claims court.

Second option is to hire another landscaper to replace the plants. Next you take legal action to re-coop your damages as a result of the first contractors neglegence.

If the contractor was reputable and stood behind his work, he would have had your plants replaced by now. Remember, the squeeky wheel gets oiled.

[Scott]

hmmm, I could tell you a sure fire way to get him to fix this situation but I'd be ratting out my fellow landscaper.

I do have a few questions for you though.

1. was this guy considerably cheaper than all other bids? sounds like a lot of work for only $5100.
2. did you sign a contract? was there anything in writing?
3. do you have a working irrigation system where the shrubs where planted?
4. did you try calling him prior to all your plants dieing or after the fact?
5. on the areas that you had those shrubs planted, what was there previously, grass/dirt/driveway/boat?
6. do you have any dogs?
7. on the plants that nearly died, what did you do to correct the problem, what are the details about these plants?

just to inform you, I rarely offer any warranty on plant installation since I don't get any from my sources especially if there's no working irrigation. Over my tenure in business I've only had one problem with installing plants and that was the homeowners fault and negilgence.

If you do have an operating irrigation system in all the areas of newly planted shrubs you could be correct in assuming that they where planted too deep, but then again there could be plenty of other reasons that they died.

For some reason I get calls all the time from people who think I'll give them a deal since another landscaper screwed them over and improperly planted shrubs. If you plant trees, shrubs or anything too deep, you're giving them the kiss of death, train your help on this and advoid the headaches before they begin.

[Beafybear]

Thank you very much for the replies! I have considered parking in front of his house until I get a face to face with him, but I was afraid it might be viewed as stalking or something. To answer some of the questions posed:

Yes, I have a contract and Yes it states that the plants are guaranteed for one year.

No, there was not a permanent irrigation system in place, but we watered daily because he installed sod for us too and the directions he gave with that was for soaking water for several weeks. All of the plants received water. It is obvious looking at our yard that it is very well cared for and the other plants are healthy, including many of the others he planted.

Yes, there were plants in the ground before he planted the new ones. I removed the old ones, which in most cases were typical evergreens that had been well overgrown. They were removed roots and all and the soil was replaced last fall with fresh top soil.

Yes, I do have dogs, but they are never out in the front yard where most of the dead plants are. The Sky Rockets are in the back yard, but the dogs are "walked" elsewhere and are not left unattended (for instance they have never peed on my new sod!). Actually, the Sky Rockets looked not so good when they were planted.

Yes, I called him when I first thought the plants were failing and he did call back and said he would be by for a look. Nothing from him since then.

I pretty much at the end of my patience with this and I'm tired of being angry all day long. I was hoping that the BBB route would be helpful and I also investigated small claims court.

If I well document the scene with photos, is it OK for me to ppull the sick plants and replace myself, or should I have another pro do it along with some supporting documentation?

Oh, BTW, I also condiered calling the nursery where he bought the plants and tellign them I am going to name them in a complaint with the BBB in the hopes that they will contact the landscaper and tell him to clean up his business... Any thoughts?

Scott...I'm so curious about your secret means of getting back at him....

THANKS AGAIN TO EVERYONE FOR HELPING ME WITH THIS!

BB