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Old 10-21-2011, 09:48 AM  
CDSmith
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Join Date: May 2001
Location: My network is hosted at TECHIEMEDIA.net ...Wait, you meant where am *I* located at? Oh... okay, I'm in Winnipeg, Canada. Oops. :)
Posts: 51,460
Quote:
Originally Posted by Barry-xlovecam View Post
Is it a "pissing contest" or default of contract?
Neither.

Quote:
Originally Posted by Barry-xlovecam View Post
If he did cut the lawn as he was hired to do and you don't like the quality of his work? If so you will have a rough row to hoe.
I said nothing about cutting of lawn. It was about weed control, not mowing.

Quote:
Originally Posted by Barry-xlovecam View Post
If he was to apply weed control chemicals -- did he or not?
Yes and yes, but it's not quite that simple. As I said, my back yard was neglected for half the season, only in August did they correct the mistake and start treating the back, and by then it was obviously too late. They now refuse to take responsibility for that error in any way and I'm left with a yard full of weeds.

Quote:
Originally Posted by Barry-xlovecam View Post
The crux is; did he SUBSTANTIALLY perform on his contract with you and does his breach of contract, if any, entitle you to monetary damages? That is how a Court will decide ...
The crux is the guy is being an asshole when he should be putting forth good customer service and PR. Making this right with me would have been a good move. Telling me "tough shit" when his service has clearly not delivered promised results.... very bad move.


Honestly I wasn't trying to engage the armchair lawyer set on this board to tell me whether or not I had a case. I was hoping that several here would have experiences with small claims court and be willing to share some details about those experiences, as in what their case was regarding, what they had to go through by way of the process, did they win or lose and if so why, etc.

If anyone else has taken someone to task this way by all means please speak up. Or type up, you know what I mean. :D
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