Legal Question in Construction Law in California

Landscaper $40,000 nightmare
In April, 2006, we hired a licensed landscaper for our backyard, $43,000. We also hired a pool company at that same time. We paid the landscaper in scheduled draws. The crew would disappear for a month at a time with no communication with us or our pool manager. When he did show up in July, he asked for the next draw that was to be paid when an engineered wall was completed. We gave it to him in hopes of keeping the project going. Total paid $37,000. The engineered wall should be filled with concrete and was hollow. We filed a complaint with the CSLB and had the landscaper sign a more detailed addendum to the original contract. He then breached the addendum. We filed and won the $10,000 surety bond. His license has since expired. He built and opened a local garden nursery in 2006 (hmmm, I wonder where he got the funds). Our project is still a huge construction mess in 2008. We have no way to replace the funds he took. We're stuck. His nursery has been sued by retailers earlier in 2008. Should we pursue him in court for funds needed to complete the project? Link to pictures of backyard are available upon request.

Asked on 9/14/08, 1:43 pm

2 Answers from Attorneys

Cathy Cowin Law Offices of Cathy Cowin

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Re: Landscaper $40,000 nightmare

The decision whether to sue is in large part a personal business decision as opposed to a legal one and so the best that a lawyer can offer is more information on which to base that personal decision. To do that accurately, an attorney would need to review all documentation. Further information to consider may include his CSLB (Contractors State Licensing Board) record, whether insurance is available, and whether the individual is collectible. It is not inexpensive to sue and not all contracts provide for recovery of attorney fees. Moreover, the individual may not have assets to recover in the event of a judgment. As a colleague counsels, it takes the same amount of fuel to haul a load of manure as it does a truckload of diamonds. You need further information to determine what you're hauling if you commit yourself to a court resolution. An attorney can help you with a better risk-benefit analysis than this forum is designed to provide so you can make an informed decision.

Answered on 9/14/08, 1:54 pm

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