[rubicon]

Originally Posted by Pa & Giggi

I don't know why people find the need to lie between their teeth as they look squarely in your face. In October, my neighbors landscapers Phillips Lawn & Landscaping owned by Phillip "Donnie" Phillips and his wife Tara, broke our sliding glass door when they were using a string trimmer. My wife was home that afternoon, and you could see the point of impact where the rock hit. My neighbor's back yard is filled with small rocks and larger rocks so that there is no real lawn, but the edge does need to be trimmed with the string trimmer. She heard a loud noise and didn't jump to check it out, but one hour later I went to use the grill and the entire window was shattered. We had been in the lanai about one hour or so prior to Phillips arriving next door and the window was fine. Clearly by looking at the sliding glass door you can tell that a rock had hit it, and a rock had landed in the grass right below the metal glider- lucky me!

Upon speaking with Donnie, he agreed to pay for the new sliding glass door & solar tint. I got three estimates. I also found out that this is very common through the glass company and that many landscaping companies have an account the glass companies as it is a cost of doing business. Donnie was also told that there was an after market solar film applied that would need to be applied to match all the other sliders in the lanai. He was given a price for that also, but without paperwork would not give a check. We paid for the sliding glass door and he said he would bring cash the following week when he cut the lawn next door. I didn't see him, (nor did he knock on our door). The week after, I left a message on his phone to remind him to bring the money. Since I wasn't home, my wife went out to him when she heard him cutting the lawn. He told her a long story about how big the check book was, and he couldn't bring the "big" check with him, but he put the check in the mail just that morning. She asked if the check was just for the glass or did it included the tinting. All of a sudden Tara whips around the corner and started questioning about the tinting while Donnie snuck away and left his wife verbally attacking my wife. My wife had been having a migraine for a week, and doesn't see anything from her left side, so she never saw her approaching. Not wanting to argue, she just told that nasty woman that her husb had said that he would pay for the tinting. My wife got a tongue lashing of how this Mrs. is in a joint ownership and owns half of the business and there was no way that they were going to pay.

Needless to say, to shorten this story, the check was never in the mail, and they had no intentions of paying. When I approached Donnie today when he came to cut my neighbors lawn, on why he went back on his word he said he had to live with his wife.

I know they have a few accounts in the St. James neighborhood. They also have accounts in the Villlages and are trying to get more accounts. This is a warning, they are NOT honest, and you could be sitting in my shoes with your neighbor. The thing is, how will your neighbor react with you? We are taking Phillips Lawn & Landcaping formally known as A1Gator to small claims court. I have all the time in the world to go sit in a court room, but he will have to take a day off from work to go to court. Also, in one conversation, he said he was a LLC, however online there is no proof that he is. I have caught him in a few lies, and so hasn't my neighbor. If you have already hired him, don't take him at his word that he has insurance. Make him show you proof.

Another lesson learnt from a Villager

Pa & giggi: It is not necessarily the landscapers fault that because a rock was thrown into your window by the workman. What would the prudent person do in this situation? Should a workman be required to do an in depth inspection of your property before using a tool? would you pay the additional hours necessary to have the workman do this inspection before proceeding further?

Is a golfer legally liable for hitting a ball that breaks your window? Not likely but many would feel morally obligated to pay

Many contractors simply absorb these expenses as a cost of doing business. Some carry coverage that has nothing to do with fault but pay it under a good will doctrine. Because this contractor did not honor this payment may me his legal team instructed him that it may set bad precedent

simply stated just because the workman tool threw rock into your window it doesn't mean he was at fault. If that rock injured a person instead of just breaking glass be assured a full blown investigation would have been underway to determine how that rock landed in your lawn before it got thrown into your window.

Personal Best Regards: