Landscaping Contractor Stiffed Me; Any Suggestions On Recourse?

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Landscaping Contractor Stiffed Me; Any Suggestions On Recourse?

Jason B.Pro Member
Rental Property Investor · Boise, ID · Member since 2017 · 228 posts · 180 votes

So, I hired a landscaping company here in the Boise area to install some curbing and a sprinkler system in the backyard of my property.  Per the terms, they required half up front, half when the job is completed.  I paid them via check, and long story short there where a lot of no-shows, delays and me having to track the contractor down to find out what was going on...before the job even started.   I fired them and told him to rip up the check as I had put a stop payment on it once I verified it hadn't been processed through my bank.  A few days later, I was contacted by MoneyTree and informed that he cashed the check the day I wrote it (before the stop payment was placed) and that MoneyTree paid him the $1,000 and they would be billing me for it as I am responsible for paying them 'back' essentially.  The contractor who has my my money is, no surprise, ducking and avoiding me.  

So, my question is, does anybody have any suggestions for me or options I may have to recover my money?  Thanks everyone!

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y

Send the contractor a letter demanding a refund within 14 days. If no response, file a complaint with the licensing board, BBB, or anyone else you can find that may put some leverage on them. Still no response, file a suit in Small Claims and that will probably motivate them to respond.

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  • Ryan Wallace
    Real Estate Agent · Eagle, ID · Member since 2019 · 45 posts · 28 votes
    4y

    Thats a tough go... If they are licensed in the state you can contact the licensing board and file a complaint. The other option is better business. The final option is filing in small claims court if you can track him/her down. 

    1Reply
  • Jason B.Pro Member
    OP
    Rental Property Investor · Boise, ID · Member since 2017 · 228 posts · 180 votes
    4y

    @Ryan Wallace I may need to do all 3…it’s a shame some people can’t conduct themselves professionally and honorably.

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y

    Send the contractor a letter demanding a refund within 14 days. If no response, file a complaint with the licensing board, BBB, or anyone else you can find that may put some leverage on them. Still no response, file a suit in Small Claims and that will probably motivate them to respond.

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  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y

    And NEVER give anyone 50% up front. That is always asking for trouble. Even with a good, honest, legit Contractor it is still bad business. For both of you.

    I find it amazing how many people will give upfront money like that. A good Contractor who knows how to run his business will not need any upfront money at all, especially on a small job like this one.

    2Reply
  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    4y

    So you were getting some curbing and a sprinkler system for 2 grand ?    That should have been a red flag in itself .  That sounds way too cheap . A sprinkler system around me starts at 4 grand for a small yard . 

    2Reply
  • Jason B.Pro Member
    OP
    Rental Property Investor · Boise, ID · Member since 2017 · 228 posts · 180 votes
    4y

    @Nathan G. I hope so, though I’m wondering if it will. He was referred to me by one of my best friends (who’s more family than friend). He’s a GC and was using him on a job, and as of yesterday he’s MIA from that job, too.

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  • Jason B.Pro Member
    OP
    Rental Property Investor · Boise, ID · Member since 2017 · 228 posts · 180 votes
    4y

    @Bruce Woodruff you know what, in hindsight you’re absolutely right. I’m new to the game, so I’m taking this as a mistake to learn from. I know there’s people out there who’ve lost several thousands, tens of thousands of dollars to deadbeat contractors so I learned at a much lower amount, so I’m grateful for that. However, it still pisses me off, as it’s one thing for me to make a mistake and deal with the consequences but when it affects my family, that’s way worse.

    2Reply
  • Scott Mac
    Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    4y

    Walk into the Police Department and ask the Desk Sargent if you can file a crime complaint.

    There were roofing "outfits" that used to travel around Los Angles doing similar to this.

    PD cracked down on them. Maybe Idaho law allows this too.

    2Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y
    Quote from @Jason B.:

    @Bruce Woodruff you know what, in hindsight you’re absolutely right. I’m new to the game, so I’m taking this as a mistake to learn from. I know there’s people out there who’ve lost several thousands, tens of thousands of dollars to deadbeat contractors so I learned at a much lower amount, so I’m grateful for that. However, it still pisses me off, as it’s one thing for me to make a mistake and deal with the consequences but when it affects my family, that’s way worse.

    You're right, my friend, and I wasn't preaching, just cautioning for the next time. It sucks to have crappy people teach you a lesson, but as you said, maybe you got off easy....
    2Reply
  • Jason B.Pro Member
    OP
    Rental Property Investor · Boise, ID · Member since 2017 · 228 posts · 180 votes
    4y

    @Matthew Paul the curbing was for only 70 linear feet, the rest was for sprinklers in just a small backyard. The original quote was $2,000 for the sprinklers, $300 for the curbing, but due to me being a veteran he was giving me a 15% markdown for a total of $1,955. As for the sprinklers, I got multiple quotes and they were all in line with $2,000 +/- $100. I went with him because a close friend whose a GC had been using him (had been going well for him at that point) and referred him to me and the discount helped, coupled with he had an opening within a week of the quote while everyone else was booked solid from then till September.

    I will admit that I should have recognized a red flag on the curbing as the other quotes I got had minimum per job charges of $600-650 regardless of linear feet. Definitely a mistake on my part and a lesson I will learn from.

    0Reply
  • Jason B.Pro Member
    OP
    Rental Property Investor · Boise, ID · Member since 2017 · 228 posts · 180 votes
    4y

    @Scott Mac that’s a good idea, I’m going to do that tomorrow. I’ll have to look up Idaho’s laws this evening.

    1Reply
  • Maxim Lorenz
    Rental Property Investor · CO · Member since 2021 · 50 posts · 18 votes
    4y

    @Matthew Paul Wow! I just did my own 23 heads without evening knowing how much it really costs.

    0Reply
  • Bruno Morales
    Member since 2022 · 5 posts · 4 votes
    4y

    @Jason Bohling is there no way to sue or send a document letter?

    0Reply
  • Bruno Morales
    Member since 2022 · 5 posts · 4 votes
    4y

    @Bruno Morales also of course post their name and your experience in every forum and real estate-related social media and realtors so their reputation doesnt allow for anotherone to fall in their scam.

    2Reply
  • William Hochstedler
    Broker · Logan, UT · Member since 2013 · 1k+ posts · 1k+ votes
    4y

    Contractors have been stiffed by owners and owners have been stiffed by contractors.

    I only pay anything up front if the contractor can give me a W-9, liability insurance certificate, proof of trade licensure, and workers comp cert.  This means they're a real business and not some fly-by-night crack heads.

    If the latter are giving me a screaming deal and might be worth working with, I buy the materials and only pay them their labor and profit after a milestone is completed to my satisfaction and that I know I won't have to redo it.  This way the contractor has no hard carrying costs.

    Make sure you have a way of verifying that they've done the work satisfactorily.  If you don't know what to look for when signing off on a phase, make sure you have a trusted resource to come give it a set of eyeballs.  The barrier to licensure is way too easy these days and there are a lot of fully licensed hacks out there.

    In this market, if a contractor is available to work in less than 2-3 weeks and they're inexpensive, start looking for the fish you smell.  No one who's any good at what they do is readily available right now.

    For $1000, I'd go straight to small claims.  Going after their reputation or license (if they have one) won't do anything.  Did you check the BBB or state licensing board before you hired them?  If they did no work and won't refund your $1000, what is their defense?  Most likely they will be a no-show and you'll get a default judgement...that will also be worth nothing.  If they do respond to the summons, a company worried about it's reputation should try to settle so it won't impact it's reputation or legal standing.  This way you'll be done with it and you can move on with your life (and landscaping).

    Good luck!

    1Reply
  • Caroline Gerardo
    Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes
    4y

     The police will do nothing. Filing small claims and service fees maybe $300. If he's licensed (check),  has a stable address, a website, and on Angie's list/Houzz etc maybe you can get a judgement and maybe get paid in the next four years. To perfect the judgement you need his social and exact legal name so it pops up on his credit. Is it worth another $300, a day off in court, and worry?  Only you know these answers. Meanwhile post his name here so we can mention his name to Saint Vincent de Ferrer in our prayers. 

    2Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y
    Quote from @William Hochstedler:

    Going after their reputation or license (if they have one) won't do anything. 

    I've found that in states with solid Contractors License Boards, the last thing a Contr wants is a black mark next to their name. It takes forever to get it off, and no one that bothers to check the CSLB site will ever hire them....


    1Reply
  • Jason B.Pro Member
    OP
    Rental Property Investor · Boise, ID · Member since 2017 · 228 posts · 180 votes
    4y
    Quote from @Bruno Morales:

    @Jason Bohling is there no way to sue or send a document letter?


     I'm going down to the Canyon County courthouse tomorrow morning (Canyon County is where they are set up) to begin the filing for small claims court.  I've never had to do anything like this before, so I'll learn as I do.  I have every confidence I would win, my big question with small claims is how would I enforce the judgement and actually receive the money.

    1Reply
  • Jason B.Pro Member
    OP
    Rental Property Investor · Boise, ID · Member since 2017 · 228 posts · 180 votes
    4y
    Quote from @William Hochstedler:

    Contractors have been stiffed by owners and owners have been stiffed by contractors.

    I only pay anything up front if the contractor can give me a W-9, liability insurance certificate, proof of trade licensure, and workers comp cert.  This means they're a real business and not some fly-by-night crack heads.

    If the latter are giving me a screaming deal and might be worth working with, I buy the materials and only pay them their labor and profit after a milestone is completed to my satisfaction and that I know I won't have to redo it.  This way the contractor has no hard carrying costs.

    Make sure you have a way of verifying that they've done the work satisfactorily.  If you don't know what to look for when signing off on a phase, make sure you have a trusted resource to come give it a set of eyeballs.  The barrier to licensure is way too easy these days and there are a lot of fully licensed hacks out there.

    In this market, if a contractor is available to work in less than 2-3 weeks and they're inexpensive, start looking for the fish you smell.  No one who's any good at what they do is readily available right now.

    For $1000, I'd go straight to small claims.  Going after their reputation or license (if they have one) won't do anything.  Did you check the BBB or state licensing board before you hired them?  If they did no work and won't refund your $1000, what is their defense?  Most likely they will be a no-show and you'll get a default judgement...that will also be worth nothing.  If they do respond to the summons, a company worried about it's reputation should try to settle so it won't impact it's reputation or legal standing.  This way you'll be done with it and you can move on with your life (and landscaping).

    Good luck!


     This is great advice, thank you!  I'm actually doing something I should have done beforehand (like I said in an earlier response above, this is a lesson learned) and creating a list of for what I need to see before hiring and during the job and I'll be taking these recommendations.  I realize in the end, I'll most likely never get my money back, but I'm going to exhaust every avenue possible, regardless.  Looking back on the situation with everyone's responses in mind, there's so many red flags I didn't, and I should've, picked up on.

    0Reply
  • Jason B.Pro Member
    OP
    Rental Property Investor · Boise, ID · Member since 2017 · 228 posts · 180 votes
    4y
    Quote from @Caroline Gerardo:

     The police will do nothing. Filing small claims and service fees maybe $300. If he's licensed (check),  has a stable address, a website, and on Angie's list/Houzz etc maybe you can get a judgement and maybe get paid in the next four years. To perfect the judgement you need his social and exact legal name so it pops up on his credit. Is it worth another $300, a day off in court, and worry?  Only you know these answers. Meanwhile post his name here so we can mention his name to Saint Vincent de Ferrer in our prayers. 


     I'm definitely going to pursue it, its the principle of the matter for me and I have to try.  Luckily, here the filing fee for small claims is $69 and the cost to have the Canyon County Sheriff's Office serve him is $50.  This mistake is definitely mine, I didn't do enough due diligence in researching him/his company beforehand.  He was referred to me by a friend who is more family than anything, who is a very experienced GC himself and who cares deeply about his quality of work and doing right by his customers, and had previously used him with good results and was currently using him again.  This went a long way with me and I should've verified and I didn't, so I gotta own that.  He's since bailed on my friend's job and left him hanging as well, costing him a good chunk of money, too.

    0Reply
  • Jason B.Pro Member
    OP
    Rental Property Investor · Boise, ID · Member since 2017 · 228 posts · 180 votes
    4y

    For those wanting to know who this business/person is, his name is Abraham Delgado and the company is Layers Deep Landscaping and Fencing, LLC based out of Nampa/Caldwell, Idaho.

    0Reply
  • Jason B.Pro Member
    OP
    Rental Property Investor · Boise, ID · Member since 2017 · 228 posts · 180 votes
    4y
    Quote from @Bruce Woodruff:
    Quote from @Jason B.:

    @Bruce Woodruff you know what, in hindsight you’re absolutely right. I’m new to the game, so I’m taking this as a mistake to learn from. I know there’s people out there who’ve lost several thousands, tens of thousands of dollars to deadbeat contractors so I learned at a much lower amount, so I’m grateful for that. However, it still pisses me off, as it’s one thing for me to make a mistake and deal with the consequences but when it affects my family, that’s way worse.

    You're right, my friend, and I wasn't preaching, just cautioning for the next time. It sucks to have crappy people teach you a lesson, but as you said, maybe you got off easy....

     I know you weren't, and I appreciate what you had to say.  In the end this was my mistake and I have to own it, learn from it and do better next time.  It burns me the most because I see what I could've done better, such as more due diligence beforehand which is a basic thing, and that I see this as, my mistake took $1,000 from my family, which stings that much more than if it only affected me.

    1Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y
    Quote from @Jason B.:
    Quote from @Bruce Woodruff:
    Quote from @Jason B.:

    @Bruce Woodruff you know what, in hindsight you’re absolutely right. I’m new to the game, so I’m taking this as a mistake to learn from. I know there’s people out there who’ve lost several thousands, tens of thousands of dollars to deadbeat contractors so I learned at a much lower amount, so I’m grateful for that. However, it still pisses me off, as it’s one thing for me to make a mistake and deal with the consequences but when it affects my family, that’s way worse.

    You're right, my friend, and I wasn't preaching, just cautioning for the next time. It sucks to have crappy people teach you a lesson, but as you said, maybe you got off easy....

     I know you weren't, and I appreciate what you had to say.  In the end this was my mistake and I have to own it, learn from it and do better next time.  It burns me the most because I see what I could've done better, such as more due diligence beforehand which is a basic thing, and that I see this as, my mistake took $1,000 from my family, which stings that much more than if it only affected me.


    In the long run, $1000 is cheap for a good lesson. They always say you learn the quickest from your mistakes. Forget about it and move on. The next time you will do this right....any questions, ask on here, or contact me. And remember - most Contractors are good guys. I've been burnt by many customers too......for way more than that.

    1Reply
  • Mark S.
    Real Estate Investor · Saint Paul, MN · Member since 2017 · 543 posts · 474 votes
    4y

    @Bruce Woodruff Although I agree that a large down payment is risky, in some places that is required to get anyone to show up. And they get burned by clients as well. Best option is to carefully vet, try to negotiate less than 50%, and put the DP on a credit card (carefully documenting everything). That way you have some recourse for non-performance in addition to going the small claims court route. And of course make sure they are licensed. IMO.

    2Reply
  • Jonathan R McLaughlin
    Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes
    4y

    @Jason Bohling hey Jason, it happens and especially at the smaller end of contractor companies, even good, licensed ones, personal issues can blow them up.

    It sounds like your family friend had a trusted sub that had a drinking, financial, romantic setback and flaked…it’s not uncommon.

    Meant to make you feel a little better…I’m sure your family friend feels burned too, and it’s likely they had legit good experiences with the guy until this

    1Reply
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