回复：Filing Law Suit against my Landscaper

Does the contract say anything about time for performance? Under contract law, since your contract is dealing with service, not sales of goods, common law says the contract must specify time for performance to be enforceable. In your case, you may argue local custom to show that the guy should have finished your job within a reasonable time.

Rain, shine... These are not the reasons not to perform because they are foreseeable which means the guy must have assumed the risk. If you did not specify time to perform, you can write him a letter, ask him when to perform. Not phone call. It must be a letter to cure the contract if he promises anytime to perform.

Contract law says since you fully performed your part, you must wait until the time to perform to bring your lawsuit. You may try to consult a local lawyer.

Now if a court will find that the contract is enforceable and you are entitled to damage, you may recover restitution of the $5000. Reliance damage is recovery if the guy knew or should have known your justifiable reliance. Specific performance is not allowed in service contract because it is against the Constitution. If you want to bring a lawsuit you have to do it quickly because if the guy files bankruptcy all you can get back is what the bankruptcy proceeding says you can get.

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• 回复：回复：Filing Law Suit against my Landscaper -house2005- ♂ (45 bytes) () 08/03/2006 postreply 19:40:12