How do I get rid of this Landscaper

8 months ago
State: California

MY landscaper did my back yard and gave me a bid of 36000.00 and after I paid him he gave me another bill for 7000.00 for putting in 2 fountains small ones and added 4 spot lights. I was never told

Attorney Wendel Rosen LLP
3 reviews

In California, as in most other states, for there to be a contract there must be a “meeting of the minds.” That is, an agreement between the parties as to what will be performed (e.g., work in exchange for payment).  Typically, this is embodied in a written contract. However, it doesn’t need to be. A meeting of the minds can also be formed through oral agreements and by the conduct of the parties.  Since you said you were “never told,” I assume this means that there was no written contract nor an oral agreement in which you agreed to pay the landscaper for the 2 fountains and additional spot lights.  However, if you knew that the landscaper was installing 2 fountains and additional spot lights, and did nothing to tell him not to perform that work, the landscaper could argue that a contract was formed and that he is entitled to the reasonable value of his work. This is known as a “quantum meruit” claim. You could ask that the landscaper remove the 2 fountains and additional spot lights or, if you want to keep them, try to negotiate a lower price on the ground that you never agreed to the price being charged for these items.

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