We could use some legal help, will a verbal contract hold?
We had a sprinkler system installed about 2 months ago by this guy our neighbor recommended. Since we layed sod, we've had a marsh next to the house that we thought was due to the grade being wrong, so we called a landscaper who told us the sprinklers weren't done right, and not only that, we found out he used old crappy parts to do it. We have his address and phone number, but he won't return our call. We didn't have a written contract with him, but he offered a 1 year warranty on the system verbally. What are our options here?
Answers:
Hate to say it but without a written agreement backing up his claim, it's worth about as good as a pot at the end of the rainbow.
A warranty applies when the equipment breaks, it doesn't cover shoddy workmanship. With or without a contract, you can still sue him for the damages to your lawn and the costs you paid to repair what he messed up on.
Without written agreement, you don't have much. But you can pull lemon laws on him in that he installed a sprinkler system with bad parts and it blew up on you.
If calling him doesn't work, call your local TV affiliate and see if they have a consumer watchdog reporter who tracks people down for this kind of thing. Tell them your story and then sick 'em. If that doesn't work, just plain out sue him, that will get his attention.
Hillary is correct.
For instance, if you contract to buy a car, then you expect to get a vehicle that includes wheels, an engine, windows, etc., regardless if the contract specified those items or not.
If you contract for a sprinkler system, then you contracted for something that properly waters the lawn, and does not leave huge puddles.
He breaced the contract by giving you something other than a sprinkler system. Tell him that if he does not remedy the problem, then you will have another company do necessary repairs, and sue him for the cost of the repairs, which, by the way, you are legally entitled to do.
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