Dispute over a landscaping project

[Tianx149]

Jurisdiction

South Carolina

Hello All,

I would really appreciate some guidance on how to proceed with this dispute.

We hired a guy in July last year to build a retaining wall in our backyard. He took 80% of the money and started the project but left everything unfinished. He rarely respond to my messages ever since and I feel like I can't get hold of him. It's a 12k project.

Should I go to the police or arbitration or small court for help?

I also find out that he started many projects but left them unfinished too.

 

[adjusterjack]

Start with the police. Though you'll probably get told it's a civil matter unless this guy has already come on their radar.

Your small claims court limit is $7500 so you'll have to waive anything over that or go to regular court.

Even if you win, the guy is probably a deadbeat and you'll never collect.

If he's licensed and bonded you can make a complaint and file a claim against his bond. If he's not licensed and bonded then you are pretty well screwed.

Life lesson for anybody else reading this. Never give a contractor money up front. If materials are needed and he doesn't have credit with his suppliers that could be a red flag. But if you still want to use him, get a list of materials, buy them and have them delivered on to your property, preferably behind the gate. If the contractor doesn't show or leaves it half done you at least have the materials and aren't out the labor costs.

 

[zddoodah]

He took 80% of the money and started the project but left everything unfinished.

Why would you pay 80% of the agreed price before any work was done?

Should I go to the police or arbitration or small court for help?

The police aren't likely to do anything, but making a complaint to them will cost you nothing but time.

Does your contract contain a provision that requires arbitration or makes it an option? If not, then that's not an option.

The small claims limit in South Carolina appears to be $7,500, so depending on how much it will cost you to get the wall finished, that might not be an option (unless you're willing to waive any recovery in excess of $7,500.

It appears that South Carolina residential contractors are required to be bonded, so that's your best avenue -- if this guy is actually a licensed/bonded contractor.

Have you sought a quote from another contractor to finish the work? If not, why not? If so, what price(s) have you been quoted?