QUESTION

Landscaper accusing us of breach of contract

Asked on Aug 12th, 2020 on Breach of Contract - Missouri
More details to this question:
Oct 2019 we signed agreement for a paver patio. Contractor wanted $5000. to start and $10,000. to buy pavers. We paid him the $15000. His workers did 5 days worth of work in Oct.- he was to finish in December, but told us pavers on back order. Put it off till April 2020, as we go to Florida for winter, which he knew. Came back and he blamed Covid for lack of workers. He apparently does not have a crew and hires day labor. Found out he did not buy pavers we ordered and the 5 days of work was done incorrectly per several other contractors. He refuses to give us pavers or our money back. We are willing to pay for the 5 days of work, even though it will need to be dug up and started over, and then move on from him. He sent us a breach of contract letter on personal stationary. We think he is in breach since he did the work incorrectly and did not follow the specifications on his contract about material amounts and placed a concrete grade beam in the wrong location.
Report Abuse

1 ANSWER

Real Estate Attorney serving Kansas City, MO at Easter Shaw, LLC
Update Your Profile
It sounds to me like you have a claim against him. If he has not done the work as specified by the contract he is actually in breach. What did he claim was the source of your breach? Is it because you are looking for someone else to finish the work he was unable to complete? Inability to complete the work is not an adequate defense for breach of contract. If he is either unable or refusing to complete it, you are well within your rights to find someone else to do so. In fact, you could argue that you have a duty to mitigate any damages rather than letting them accrue prior to filing an action against him. I would definitely consider contacting a lawyer to either demand specific performance (term of art meaning "make him do what he said he'd do") or return of your money, goods, and any damages caused by his delay. 
Answered on Aug 24th, 2020 at 8:52 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters