Legal Question in Real Estate Law in Illinois

My lawn care company hit my small tree last year which caused damage to the base. When contacted, they acknowledged it by coming out and wrapping it and my other tree. This year, I noticed it was diseased. Upon contacting them, they initially agreed to replace it a cost (tree and labor) but then quit answering my emails and phone calls. After several attempts over the course of a month, I finally got a contact back but was very hostile in nature. Now they refuse to replace the tree and no longer service my yard. What, if anything, can I do about the tree needing to be replaced? During the "friendly" conversation, it was estimated by the lawn care company to be ~200 at his cost.


Asked on 4/23/12, 11:28 pm

1 Answer from Attorneys
Stephen Messutta

If as you say they agreed in an email to replace the diseased tree, you at least have some proof but it sounds like you will have to take them to small claims court. If they had a contract for seasonal lawncare with you and they wrongfully terminated it causing you to have to procure alternative service at additional cost, you may also have a claim for the increased costs you now have to pay, but again you will have to sue them for this too. If your contract provided for the winner in any dispute to also get attorney fees, you should consider hiring an attorney; and if you're not sure you may want an attorney to review the contract you had. Also, if the town you live in licenses lawn care companies (minimally a business license?) you may be able to register a complaint that could lead to the company being denied a license in the future if there are too many complaints.

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Answered on 4/24/12, 9:12 am


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