Consumer question

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davidg32

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Last spring, my mother paid a local landscaper to install zoysia sod on the lawn. The landscaper recommended zoysia because...even though it costs a little more...it would thicken up and choke out weeds.
He sent a crew and they installed sod. As the sod took root and began to grow, it became clear that some of the squares were NOT zoysia, some were half zoysia and half bermuda, and some squares were completey saturated with weeds. I complained, and the landscaper stated that the sod farm had sold him some bad sod. I kept after him about it, and one day he and a representative of the sod farm came to our house and argued back and forth, pulling up squares of sod and examining roots, etc.
The landscaper called me a day or so later (this was early fall) and stated the following:
1. The IS a chemical, according to the sod farm people, that will kill all non-zoysia grass without harming the zoysia. He will get some of this and apply it to the lawn.
2. Where entire squares of sod are not zoysia, he will replace them with zoysia, and
3. In the early spring (this year), he would apply a pre-emergent, which would keep the weeds from ever sprouting in the first place.

In February, I sent him a letter reminding him of the things he had promised to do, gave him my phone number, and asked him to call me. He did not do so.

On April 7, I sent him a letter via certified mail telling him that he had already FAILED to do one of the things he had promised...he did NOT spread any pre-emergent, and the lawn was choked with weeds. I gave him my number again and asked him to call me. He did not do so.

This past Monday (April 24), I drove to his nursery. I asked him why he had not called me, and he said that he was not responsible for the sod farm sending him the bad sod...that he had installed what they sent him and it was not his fault. I asked him why he had not come and spread the pre-emergent as he had promised, and he stated: "You should have had enough sense to do that yourself."

I am just about ready to take this man to court over this matter. I do empathize with the fact that the sod farm probably did send him some bad sod...but HE is the person we paid for the job, including paying him EXTRA for zoysia sod. And quite frankly, I'm a little tired of his placing us on the back burner, and not being more aggressive in dealing with it.

Does anybody know what Alabama consumer law is in a situation like this? Any information, advice, suggestions, etc., greatly appreciated.
 
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