Have hired a landscape contractor to install a patio, a walkway and a
6"-strip of gravel along the walkway, next to our boundary fence.

The landscaper and landscaper's crew while appearing to be competent
failed to adhere to the diagram outlined or to the timetable they
themselves set.

While I understand that things, like the concrete truck breaking down,
happen, making it impossible to keep a tight adherence to the
schedule, I find it incomprehensible that the landscaper failed to
refer to the detailed diagram I've sent him.

The project is nearly done, and they've just done the walkway.
However, they failed to install the gravel along the walkway. Whould
I hold the landscaper to it? (We're talking about 50 or 60 sq. ft. of
gravel.)

BTW, I have not paid the landscaper a dime other than the deposit
required to do the work.

Thanks in advance for your input.

Lil

On 3 Jul 2003 22:24:58 -0700, (Lil) wrote:

Have hired a landscape contractor to install a patio, a walkway and a
6"-strip of gravel along the walkway, next to our boundary fence.

The landscaper and landscaper's crew while appearing to be competent
failed to adhere to the diagram outlined or to the timetable they
themselves set.

While I understand that things, like the concrete truck breaking down,
happen, making it impossible to keep a tight adherence to the
schedule, I find it incomprehensible that the landscaper failed to
refer to the detailed diagram I've sent him.

The project is nearly done, and they've just done the walkway.
However, they failed to install the gravel along the walkway. Whould
I hold the landscaper to it? (We're talking about 50 or 60 sq. ft. of
gravel.)

BTW, I have not paid the landscaper a dime other than the deposit
required to do the work.

Thanks in advance for your input.

1. Did you have a written contract?

2. What did it specify?

3. If 1 and 2 are true, what penalties or sanctions were written
into the contract for failure to follow its provisions?

4. You say you "sent" the contractor a diagram. Does that mean you
are not on the premises? Are you too far away to supervise in person?
If so, did you delegate someone to supervise i person?

5. In what other respects did he "fail to adhere to the diagram" --
other than not installing the gravel?

6. Why would you NOT require him to install the gravel?

7. "The project is nearly done, and they've just done the walkway."
How can it be "nearly done" if the patio has not been installed.

These are some of the questions that immediately occur to one.

You might also want to post on misc.legal and/or
misc.legal.moderated but I suggest you clarify your presentation to
get their best advice. Note that the Moderated group posts messages
only every few days, while the other does daily.

HTH

--

Persephone

You have every right to get everything you contractually signed up for and he
must adhere to it, or don't pay him.


On 3 Jul 2003 22:24:58 -0700, (Lil) wrote:

Have hired a landscape contractor to install a patio, a walkway and a
6"-strip of gravel along the walkway, next to our boundary fence.

The landscaper and landscaper's crew while appearing to be competent
failed to adhere to the diagram outlined or to the timetable they
themselves set.

While I understand that things, like the concrete truck breaking down,
happen, making it impossible to keep a tight adherence to the
schedule, I find it incomprehensible that the landscaper failed to
refer to the detailed diagram I've sent him.

The project is nearly done, and they've just done the walkway.
However, they failed to install the gravel along the walkway. Whould
I hold the landscaper to it? (We're talking about 50 or 60 sq. ft. of
gravel.)

BTW, I have not paid the landscaper a dime other than the deposit
required to do the work.

Thanks in advance for your input.

Lil

Speaking as a contractor, I think a frank yet professional conversation
would be best. Simply tell him words to the effect, "The plan we agreed upon
and the diagram I showed you has insert missing features. When are you
planning on installing them?"

Dave

"Lil" wrote in message
om...
Have hired a landscape contractor to install a patio, a walkway and a
6"-strip of gravel along the walkway, next to our boundary fence.

The landscaper and landscaper's crew while appearing to be competent
failed to adhere to the diagram outlined or to the timetable they
themselves set.

While I understand that things, like the concrete truck breaking down,
happen, making it impossible to keep a tight adherence to the
schedule, I find it incomprehensible that the landscaper failed to
refer to the detailed diagram I've sent him.

The project is nearly done, and they've just done the walkway.
However, they failed to install the gravel along the walkway. Whould
I hold the landscaper to it? (We're talking about 50 or 60 sq. ft. of
gravel.)

BTW, I have not paid the landscaper a dime other than the deposit
required to do the work.

Thanks in advance for your input.

Lil

wrote in message . ..
On 3 Jul 2003 22:24:58 -0700, (Lil) wrote:

Have hired a landscape contractor to install a patio, a walkway and a
6"-strip of gravel along the walkway, next to our boundary fence.

The landscaper and landscaper's crew while appearing to be competent
failed to adhere to the diagram outlined or to the timetable they
themselves set.

While I understand that things, like the concrete truck breaking down,
happen, making it impossible to keep a tight adherence to the
schedule, I find it incomprehensible that the landscaper failed to
refer to the detailed diagram I've sent him.

The project is nearly done, and they've just done the walkway.
However, they failed to install the gravel along the walkway. Whould
I hold the landscaper to it? (We're talking about 50 or 60 sq. ft. of
gravel.)

BTW, I have not paid the landscaper a dime other than the deposit
required to do the work.

Thanks in advance for your input.

1. Did you have a written contract?

2. What did it specify?

3. If 1 and 2 are true, what penalties or sanctions were written
into the contract for failure to follow its provisions?

4. You say you "sent" the contractor a diagram. Does that mean you
are not on the premises? Are you too far away to supervise in person?
If so, did you delegate someone to supervise i person?

5. In what other respects did he "fail to adhere to the diagram" --
other than not installing the gravel?

6. Why would you NOT require him to install the gravel?

7. "The project is nearly done, and they've just done the walkway."
How can it be "nearly done" if the patio has not been installed.

These are some of the questions that immediately occur to one.

You might also want to post on misc.legal and/or
misc.legal.moderated but I suggest you clarify your presentation to
get their best advice. Note that the Moderated group posts messages
only every few days, while the other does daily.

HTH

Yes, there is a written contract. The patio is done, and the walkway
is done, with the exception of the 6" strip of gravel.

The problem is the written quote did not include specific dimensions,
or materials. To protect myself, I included the specification of the
materials in the written contract, and in the acceptance of the
original written estimate, I referred to a diagram that I had drawn
up.

Another problem was as the project progressed, there were changes to
the original diagram, which I documented by modifying the diagram I
had drawn up and faxing it to him. The first ones were my
modification where I lengthened the walkway by 40 sq. ft., and had him
border the walkway with pavers. We discussed and I documented our
conversation by faxing him a letter and a revised diagram.

The second major modification was when his crew paved over the 40 sq.
ft. walkway rather than pouring concrete. Because I had documented
that he agreed that it would be at no additional cost. (My answering
machine might have taped that entire conversation. It was early in
the morning and I didn't have time to go downstairs and turn off the
answering machine.)

I remember asking his crew about the gravel on the day they did the
walkway. When I came back home (I had an appointment), they had left.
That's when I discovered that his crew goofed again, like paving part
of the walkway.

I'm not sure if he ever came by to inspect on the last day when the
crew poured the concrete.

I was thinking of faxing him a letter informing him of this omission,
as someone below suggests. Would that be the best course? Thanks in
advance.

Lil

"Lil" wrote in message
om...
Have hired a landscape contractor to install a patio, a walkway and a
6"-strip of gravel along the walkway, next to our boundary fence.

The landscaper and landscaper's crew while appearing to be competent
failed to adhere to the diagram outlined or to the timetable they
themselves set.

While I understand that things, like the concrete truck breaking down,
happen, making it impossible to keep a tight adherence to the
schedule, I find it incomprehensible that the landscaper failed to
refer to the detailed diagram I've sent him.

The project is nearly done, and they've just done the walkway.
However, they failed to install the gravel along the walkway. Whould
I hold the landscaper to it? (We're talking about 50 or 60 sq. ft. of
gravel.)

BTW, I have not paid the landscaper a dime other than the deposit
required to do the work.

Thanks in advance for your input.

Lil

If I understand the desciption of your project correctly, the gravel borders
the walkway, right? If it were me, my order of doing things would also
leave the installation of the gravel as the last project because walking to
and fro while installing the walkway would be a lot more difficult through
the gravel than it would through the dirt. Also, if they had to wheelbarrow
the concrete in there instead of using a pump (if the chute of the concrete
truck couldn't reach the whole thing) then it'd be a nightmare to
wheelbarrow heavy loads of concrete through gravel rather than over the
compacted earth. And, when the path was completed, the concrete needs time
to cure, typically 7 days at least (30 days is better) where it is kept
covered and moist. After than 7 days is when I'd expect to install the
gravel portion of the project. Have you communicated with the conctractor
at all regarding the *order* that the project is being completed in? You
mentioned unavoidable delays, and it does seem the contractor has at least
been talking with you about them, but perhaps you haven't been fully
communicating your expectations to him, or he misunderstood what you did
communicate. At any rate, if he has not approached you about payment, then
I'm sure he doesn't consider the job complete yet either!

Sunflower
MS 7b

The concrete should take 7 days to "cure" properly? And it's supposed
to cover it? Our concrete walkway was left uncovered and allowed to
dry overnight....

The one thing I noticed was that communication was a HUGE issue with
the project. The contractor did not communicate with me at all.
Several times, if the crew wasn't here by 11 a.m., the odds were they
weren't going to show up at all. Then when I called, it would be--the
tiles haven't come, etc.

Well, it's almost over. Just a few more days until the final
walkthrough....

Lil

"Sunflower" wrote in message ...
"Lil" wrote in message
om...
Have hired a landscape contractor to install a patio, a walkway and a
6"-strip of gravel along the walkway, next to our boundary fence.

The landscaper and landscaper's crew while appearing to be competent
failed to adhere to the diagram outlined or to the timetable they
themselves set.

While I understand that things, like the concrete truck breaking down,
happen, making it impossible to keep a tight adherence to the
schedule, I find it incomprehensible that the landscaper failed to
refer to the detailed diagram I've sent him.

The project is nearly done, and they've just done the walkway.
However, they failed to install the gravel along the walkway. Whould
I hold the landscaper to it? (We're talking about 50 or 60 sq. ft. of
gravel.)

BTW, I have not paid the landscaper a dime other than the deposit
required to do the work.

Thanks in advance for your input.

Lil

If I understand the desciption of your project correctly, the gravel borders
the walkway, right? If it were me, my order of doing things would also
leave the installation of the gravel as the last project because walking to
and fro while installing the walkway would be a lot more difficult through
the gravel than it would through the dirt. Also, if they had to wheelbarrow
the concrete in there instead of using a pump (if the chute of the concrete
truck couldn't reach the whole thing) then it'd be a nightmare to
wheelbarrow heavy loads of concrete through gravel rather than over the
compacted earth. And, when the path was completed, the concrete needs time
to cure, typically 7 days at least (30 days is better) where it is kept
covered and moist. After than 7 days is when I'd expect to install the
gravel portion of the project. Have you communicated with the conctractor
at all regarding the *order* that the project is being completed in? You
mentioned unavoidable delays, and it does seem the contractor has at least
been talking with you about them, but perhaps you haven't been fully
communicating your expectations to him, or he misunderstood what you did
communicate. At any rate, if he has not approached you about payment, then
I'm sure he doesn't consider the job complete yet either!

Sunflower
MS 7b