Legal question about paver walk installation

In all the garden laying and paving work I ever did on my own place we allways laid it out with twine first - so we could see how it looked. Every time I have seen professionals do work on walkways like this they always “box it up” first (do the layout with pegs and planks to then infill with the pavers - you didn’t see any of this?

I thought the layout was pretty ok though, so what this is worth is very little.

After 4 days of continuous work to THEN complain that it is “wrong shape” is pretty late IMHO - if I was doing the work I would be of the opinion, “why not say something sooner”

I guess it is a little late to observe that it might have been a good idea to take a couple of pics of the sprayed outline …

Just curious - what do you think an appropriate outcome? So far you have received 4 days of a crew’s work (how many men?), and at least another partial day of 3 men, plus a considerable amount of material. And you are essentially satisfied with the patio.

IMO, you’ve probably received pretty close to $10,000 worth of goods and services, even tho you are not 100% satisfied with every aspect of the work. But if you think he has not earned the agreed upon price, what - if anything - do you think he HAS earned?

Hearing your story makes me glad for the relationship I have with my landscaper! He’ll redo things until we are completely satisfied. Of course, he has never come close to botching a job like your guy did. And we’ve tossed quite a bit of cash his way over several jobs.

First of all, I’ve now paid the guy. He was insistent that I pay him yesterday after completion of the fixes. In fact, he threw another fit when I didn’t have a check ready for him yesterday morning. I told him that I didn’t know he was coming yesterday, that I didn’t have our checkbook, and that I wasn’t paying him anyway until my wife had a look at the walk as well. His proposal did say that payment was “due upon completion,” but his invoice also said that no interest would accrue until after 30 days.

In any event, my wife looked at it last night, and we decided that this was about the best we were going to be able to do with this guy. He fixed the two most egregious defects, and there was no way we were going to get him to redo the whole walk at this point.

After he called me on my home phone and cell phone repeatedly last night, I paid him the balance by credit card.

In response to the last few posts:

  1. The contractor did spraypaint out a layout. The thing is, he sprayed out some lines, smudged them out, sprayed some more, and basically ended up with lines everywhere. Then he said not to worry about it, because the excavator crew were going to dig out a foot past the lines anyway, and that the walk would be more carefully laid out once they had the subbase installed.

Following this, I did indeed lay out hoses, and sprayed out a constant-width walk in a different color. My orange lines stood out from his pink lines, and were intended to highlight what the outcome of our pre-construction discussion was.

I even took pictures of the sprayed-out layout. If you’re curious you can see them here.

Again, the point of these lines was to serve as a “rough-draft” layout, according to the contractor. I’m not sure that these photos help me out a lot, since I don’t think the final walk differed radically from the sprayed-out layout. The discrepancies, while bothersome, include stuff like the fact that they shifted the right-most point of the S-curve a few feet too far toward the front steps.

  1. The first three days of work consisted of excavating the topsoil for both the patio and front walk, installing the subbase for both areas, and installing the pavers on the back patio. The front walk was only laid out and installed on the fourth day. No, they did not box out anything. Unfortunately, the day they ended up doing the front walk was a day when I absolutely could not stay home to observe the work, and I couldn’t exactly ask the contractor to suspend work since they had all of their equipment and materials out there. It wasn’t as if I could have said something sooner about the front walk–there was nothing to look at that morning but subbase material–and they were done by the afternoon.

I do appreciate everyone’s comments in this thread, BTW. At least the contractor did come back out to the job. If he hadn’t, I would have followed some of the advice people made here. Based on this contractor’s behavior throughout this job, my wife insists that we should still file a complaint with the BBB and the builder’s association.

Sorry, but I don’t see where you have grounds for filing a complaint that may have a negative effect on this guys business. You complained and he sent a crew to respond to your complaint. You finally accepted the work and paid him the agreed amount. Where are your grounds for complaint? The finished job may not be exactly what you had envisioned, but it seems like that was due to poor communications between the two of you during the layout stage. That doesn’t rise to the level of a formal complaint in my estimation. It probably won’t happen, but he could take legal action against you for filing a complaint that you can’t justify w/ solid evidence of negligence and/or failure to comply w/ his contract.

If we make a complaint, it would primarily be for unprofessional behavior. My wife, in particular, is angry about him calling me a “pain in the ass,” and for repeatedly flipping out and having angry fits throughout the job, etc.

His website states that they have a “commitment to satisfaction” and that they make sure that clients are “completely satisfied.” I don’t think you could consider us completely satisfied.

He flatly refused to fix the center section of the walk, and refused to do anything about the front step. All in all, he was a complete pain for us to work with. We will probably simply not recommend him to anyone we know.

Fair enough, that sounds like a legitmate criticism.