Buyer Beware in Landscaping: Protecting Yourself from Costly Mistakes
The term ‘Buyer Beware’, or ‘Caveat Emptor’ in legal parlance, is the common phrase used to warn people about ensuring they have done their research into the purchase, whether it be a product or service. In the event of a problem, shortfall or misrepresentation of facts, quality, quantity or safety, the onus is upon the purchaser to ensure they did not act in haste.
In the majority of cases where a product or service fails to meet expected or anticipated fitness for use or purpose, either express or implied, if the purchaser has followed what may be termed as ‘common sense’, all should be well. For example, a wooden shed described as ‘robust’, yet costing only a couple of pounds, would not pass the common-sense test. Yet a shed of the same dimensions described as robust costing a thousand pounds would be expected to be of the highest build quality.
In the world of landscaping, it would normally be expected that a would-be customer would look around at their options, before selecting a contractor from a reputable source such as a Trade Association accreditation, Third Party recommendation or after seeing examples of their work at first hand.
Common sense dictates that the customer should be issued with a contract, written on headed paper with full contact details and full specification, fees, charges and payment details. The contractor should also produce or offer sight of their insurance policy.
And yet, as expert witnesses, we see so many cases where there has been no documentation, and only Facebook recommendations or social media posts acting as their guide when agreeing to pay a firm to carry out landscaping works. Often, there is no form of documentation at all, including quotation, specification, bill of quantities, method statements or other evidence of professional aptitude.
Relying solely on the word of a contractor to provide you with a properly constructed project with no formal connection between two parties is fraught with legal dangers, not least the fact there is no provable contract.
Case Study
A customer in Kent employed a ground worker, knowing that he worked on building sites, to construct a 30m2 patio in natural sandstone. There was no documentation as described above, only a verbal offer and figure (which was excessive when compared to a professional landscaper).
The project failed, with loose slabs, trip hazards and ponding across the area, with the slabs laid too high against the house damp-proof course. The customer began legal proceedings against the contractor, and commissioned an independent expert witness report to support their claim in the Courts.
In the event, the Judge dismissed the case, as the customer had not verified that the contractor was a landscaper, stating that ‘he was not a Tradesman, and any work he had done, as long as it was done, regardless of the quality was all that mattered.’
The Judge held that the customer had failed to use a ‘proper, qualified, company, and was the author of their own downfall’.
Harsh words, but fair, if you consider that nobody should present themselves as being a qualified expert in their field if they lack experience and sound principles in business.
Caveat Emptor – Buyer Beware!
