[Terre]

I need your help. Again.

I have a job, make a back yard pretty for a June wedding. Took the job in February. They bought the home in October, so they apparently didn't know what was there. I saw Bishops weed invading, lots of very large bark mulch in odd places, lumps in odd places, railroad tie garden bed, shrubs in the middle of the yard. I drew a design for them, clean it up, add some things, overseed, fertilize the decent looking grass that was trying to peek through the snow and ice, add some sod to replace the garden bed. Very tight budget so not a lot of money. Mostly labor. They really really wanted a lush green yard.

This has turned into the customer from hell.

We signed the contracts, and he immediately started pushing the envelope. He doesn't like Monsanto, so no Roundup or chemicals to eliminate the invasive Bishops weed. Told him then live with it, cause I am not digging it by hand unless he pays by the hour.

We fertilized and aerated in March. He refuses to water.

I nagged by phone and email about watering. I was told not to "talk down" to them.

I have laid the sod where I said I would. Gave them the instructions on watering from the sod farm. They refuse to "waste" that much water. I also overseeded bare areas, because since March they have acquired two Boxers. Large, but young energetic boxers, who have since chewed every step on the porch, knawed on every tree, dug up everything that wasn't set in concrete. And worn paths through what might have been a decent bluegrass lawn, (if the owner ever watered.)

To lay sod on Saturday, I hired extra help through a day labor place, since the homeowner demands I prove workmans comp. for everyone on the job. The two workers arrived before me, sat on the curb waiting for me. He went out to the street, and ran them off. Called me, ranting and raving, telling me they were druggies, drunk, (at 8am?) and now he and his wife don't feel safe in their own home. I've used these guys before. Not druggies, not drunk. Maybe unshaven, but they were willing to come work for 4 hours on a Saturday.

I've done my absolute best to talk to these people. My husband and partner tells me I have been the consumate professional. Well I only have two modes. Consumate professional and unholy bitch. I'm about to change gears.

Can someone with experience tell me how to deal with these people before I totally lose it? As for contract, I blatantly plagarized Stonehenges, and although I see in it where they can fire me, I don't see where I can fire them as clients.

[Stonehenge]

I'm miles away from the PC that holds my contract terms, and while I know the terms are probably on the site here somewhere, my current connection makes it impractical to search for it.

But having said that, if I recall there are terms in there that the client will care for the work as instructed. You'll have to look to see if their failure to do that constitues a breach of the contract.

Something else to look at - is it in writing that this work would be done by the wedding? If not, you can lay down the law, and explain that if they don't start presuming that you are the one with the knowledge and doing exactly as they are instructed, you will pull off the site and not return until they do.

If you've followed my contract to the letter, you should already have a sizeable portion of the contract price in your possession - hopefully that will cover your costs for the time when the relationship breaks down completely.

Good luck.

[jshilan]

Terre, you need to do a few things. The first and most important thing is to document everything and pull together any contracts, emails, letters, etc and put them in a file. The second thing you need to do is have their payments in line with the percentage of work that has been completed thus far (create a bill). The third thing you need to do is stop working there and have a sit down with your clients. Before you bale on them you should go through the contract and go item by item to determine what work has been done and what work is left to be completed and have everyone initial each item and make sure you are paid in full for those items.

You then need to outline when you will complete the remainder of the project and have payments coincide with the completion of each item. And then all of you should initial or sign it.

What all of this will do is give you documentation and recourse if this goes to court. You need to show that you tried to complete the project as per the specifications, the client was non-compliant with the proper maintenance and they were in violation of the contract for non payment. If and when you send them a certified letter explaining why you can no longer work for them, you have all of your ducks in a row.

If they do not want to pay for work completed thus far, you can cut your losses now and not waste any more time or money on them. Still send the certified letter to protect yourself.

If you do this you may not have to fire them, they may just quit. If they don't, at least you can finish the project, get paid, learn what you can and hope for the best on the next one.

[Terre]

Thanks both of you. I got 50% up front, so I"m not really out any money, but the profit from the job usually for me comes in the back half, so that is what I lose. At this point, I'm losing that anyway due to my ongoing investment in Rolaids and Miss Clairol. Good points, I have a great deal of our communication on email and I'm taking the digital camera tomorrow to document what's been done. I will hold off on installing the trellises and plants unless they agree to pay for the work immediately. He has stated in an email that he won't hold me responsible for damage done by the dogs. Isn't that nice of him?

My deadline on this is early June. Prior to the wedding. But all that is left is to install a few perennials, build a couple of trellises, and mulch. I had told them everything would happen this month, with the exception of the final planting, since I have a supplier that provides me 5 ft tall blue delphiniums gorgeously in bloom to order. I was going to install those the week of the wedding. I don't ask for final payment until the job is completed, but I really don't want to wait that long, because by the time the delphs are there, the sod will be dried out, and those blasted dogs will have eaten the trellises and probably the concrete garden bench.

When we pulled the railroad ties out, and some of the shrubbery, I piled it up on the sidewalk to get everything on one dump load. The woman called me 4 times leaving paniced voicemails, and sent multiple emails about how "The wedding is only 54 days away, and there is all that trash in the yard!" There were 8 partial railroad ties, and 3 landscape timbers, and one shrub. Apparently I can't do that in 54 days.

I usually qualify my customer better than this. I really thought they were sane.

It helps just to blow off steam to people who understand.

[Fine Edge]

Definitely get as much money from them any way you can and as fast as you can.
You need to be in front of the money not behind it, as I like to say.
This can be done in several different ways. Let them know what your schedule will be for the upcoming x # of days and what you will exactly be doing for them. At this time. let them know that you spent an extra x amount of hrs. for this, you threw in this thing or that thing that weren't officially in the budget, basically bring to their attention every tiny, little thing that was not listed on your contract. Then tell him you need another check prior to or at the time you plan on the next round of work.
Once in a great while, we have a difficult client who wants it all and needs several kick starts to write a check in a timely fashion. Even with change orders, we always have a few, tiny little things we do or things that take an extra little bit of time to figure out that the client doesn't really know about.
It's these little things that get itemized and brought forth as extra ammunition when they have a hard time seeing value in our work.
I'm not saying to lie to them but that's just one example of how you can help them to see how you are really trying to help them out in ways they may not know about.

It usually helps me to get the check.
And with a client like you have, I'd want as much money as I could get before I went back.

[jshilan]

How do you fire a homeowner in the middle of a contract?

Step 1 - Take your homeowners and place them in the middle of the contract

Step 2 - Pour 10 cups of gasoline around them in a circle

Step 3 - Light with a match and cook until done

[Terre]

A man after my own heart! Unfortunately, at the current price of gasoline, they aren't worth it!

After a little more BS, them saying they loved the work, then them saying they hated the shoddy work when I had done nothing between the two, I ran some figures and at the moment, I'm a small bit ahead of the game on money. To complete the job, I'd have to lay out a fair amount of what they would owe at the end, and that comment about shoddy work just fried it.

I sent them an email, detailing exactly what you guys all told me.

1. I quoted the clause in the contract about caring as instructed, and told them they were in breach of the contract.

2. I itemized every step we had taken and taking Fine edges advise, I also itemized every miniscule item additional that had been done without a charge. Once I thought about those, there was quite a bit.

3. I itemized everything they had done wrong, and where they were in breach of the contract.

Then I got a little mean, and told them they had been too cheap to hire a large landscaper, they chose me as the lowest priced and they hadn't paid me enough to be entitled to my exclusive time. I have multiple jobs going simultaneously, which they had been advised of prior to signing the contract, so consequently I didn't have the time, energy or desire to babysit or handhold nervous people who don't have a clue.

I wrote up a final bill, reiterating the contract was now void since they had breached it, showed they owe me a small amount of money, and told them if they paid that within 5 days, I would consider the job over and not bill them for the remainder of the contract nor would I file a mechanic's lein against their home.

[TrickyDick]

Well I only have two modes. Consumate professional and unholy bitch. I'm about to change gears.

No Kidding.....

[Terre]

Yeah, I'll never make businessman of the year.

[AdamWrongedHomeowner]

Hi Terre,
It is very interesting; I have a landscaper who refuses to finish off the work that we had agreed to in the contract. It seems that she believes that failure to water (which is subjective) waives her obligations under the contract for the entire contract, when it clearly relates to just the warranty on plants, which would only be relevant if she had ever planted a plant (I don’t believe that sod is covered).
I can only assume that you may be getting bad legal advice from your law firm of “Stonehenge, Jshilan, Fine Edge, and TrickyDick.” I hope that I won’t be getting a bill for your collection costs from them. Actually I jest, I believe that Stonehenge provides very good and level headed advice, and I have enjoyed reading his (or her) posts on this forum. Jshilan on the other hand, I really hope that you were speaking of setting me on fire as a joke, but was saddened to hear that Terre would really like to do so.
Here is a practical lesson for all of you. Terre + Landscaping + Denver in Google search is actually pretty obvious, so don’t post things like an admission that as of right now, you are completely ahead in our work, where your costs have not exceeded payments.
I could terminate the contract at my whim. Given that your contract states “If after that time Customer wishes to terminate this Contract, Customer must give Shady Places five (5) days advance written notice. Shady Places will retain any monies paid by Customer up to the effective date of termination, and is entitled to any expenses for materials or other expenses incurred by Shady Places.”
My interpretation of that is that I can cancel right now, and that given your admission that you don’t have any expenses or materials not covered by the money already paid, that you don’t have a leg to stand on. So, back to my original offer from Monday. Please either finish off the work or provide me with a Waiver of Lien document so we can equitably end this relationship.

[jshilan]

Where to begin. As I am sure you are aware from reading our posts adamwrongdoer, this is a site for landscape contractors, designers etc. to help each other problem solve, a forum to vent their frustrations and a place for homeowners to seek advice. This post is exactly that. Terre was having trouble with a specific situation and wanted some help, which to me shows that despite her frustrations, she wanted to be professional and complete this project properly. We gave Terre sound and experienced advice on how to handle a difficult client (in this case you), what things she can do to protect herself and her business, and also what she can do to finish the project in time for your wedding (which I'm sure can be Googled just as easily) and to get paid in full. I completely stand behind my post on 5/13 as a very valid and sensible way to resolve the problems of this particular project, complete it on time and as per contract.

As far as my subsequent post, this is obviously a play on words and meant for comical purposes (to be funny) as do many of my posts. Humor has always been a great way to for me to personally take difficult situations and turn them into something less frustrating and ultimately resolvable. I try to share that approach with others.

Now my response to you "eavesdropping" or "spying" on us, to me just reinforces why Terre is having a difficult time with your project. However, I do agree that everything posted on here is very incriminating and damaging, although since I am not an attorney (I just play one ont TV), I don't know if this would be admissable or not. Not knowing any of the specifics, except what has been posted, and having worked with difficult clients before, I think Terre should take you up on your offer immediately.

And I cut and paste:

"My interpretation of that is that I can cancel right now, and that given your admission that you don’t have any expenses or materials not covered by the money already paid, that you don’t have a leg to stand on. So, back to my original offer from Monday. Please either finish off the work or provide me with a Waiver of Lien document so we can equitably end this relationship."

In the immortal words of Mary Kate Olsen (or was it Ashley) in "Full House" on your offer to end this relationship - "You got it dude."

PS: Adam just so you know I know you have been online since 11:19 and now you're back at 11:38, and again at 12:04

[Terre]

Sent to my attorney.

[AdamWrongedHomeowner]

Thank you for your correspondance Terre.

[Stonehenge]

This probably isn't the best place for client and contractor to go head to head, so I'll close the thread.

[desynerguy]

wow! what a client!