Legal Question in Consumer Law in Kansas

non payment/warranty

At my clients specific request...client recieved a discount in lieu of warranty on installed plant materials. This has been our arrangement for 6 years. This client is now refusing to pay a recent bill (6K) because 2 shrubs ($120) on this invoice died as well as another 2 trees installed over 5 years ago. She claims to have discussed the problem with an ''expert'' whose opinion is ''they were improperly planted.

Cause of death is impossible to determine and ''proper'' planting methods are debatable. Client admits to accepting discount over the years but claims I am still responsible. Also claims all other plant deaths in past (or in future) are my fault and these losses or potential losses (no matter the time or reason) offset my bill.

Client threatens counter suit for damages on all past plant losses (15-20 plants out of 400 installed in 6 years) and costs for future replacements as everything is ''improperly planted'' . Also wants time loss and stress damages.

How do I get paid. $4K is max small claims in Kansas

I have been in landscape business 31 years and have done more than 10 million dollars of landscape projects. Client is an attorney


Asked on 7/20/09, 4:41 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: non payment/warranty

It sounds like you need to hire an attorney to represent you in collecting this debt. As long as you have written evidence of the discount for no warranty arrangment, it probably will not stand as a defense. You may contact me by email if you are intersted in pursuing this matter.

Good Luck

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Answered on 7/21/09, 4:02 pm


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