Another dishonest landscaper in The Villages

[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

[justjim]

Many lawn companies operating in TV are honest hard working people. A few are operating on a "shoestring" with no insurance and less than honest when dealing with residents. Several residents have been "taken" and some have lost a lot of money that paid for landscaping that never was completed especially when they paid in advance.

I am glad that you are taken them to court. Good luck.

[coalminer]

i dont want to get into details about my experience with this guy due to unresolved issues, but i will say that i absolutely agree with your opinion about this guy. Not only is he a liar but hes does horrible work. Take my word, he cannot be trusted.

[Pa & Giggi]

Thanks guys. What's right is right and court is the next step that I feel I must take. Headed to Bushnell this morning to file.

[autumnspring]

1. You have already found that he does not seem to be honorable. I would not expect any change if you go to small claims court. I HOPE YOU HAVE TAKEN PICTURES OR IT WILL GET DOWN TO YOUR WORD AGAINST HIS.
2. You mention that he is an LLC. You need to sue the correct name. His real name may not be the same as the one he uses for his business. The business could be in his wife's name his kids or? I would get the plate number off his car/truck and see how it is registered. You seem to be trying not to involve your neighbor AND I UNDERSTAND THAT. Would your neighbor give you a copy of a bill? If, they pay to ..........LLC then it it likely a legitimate name-CHECK IT OUT. UNFORTUNATELY, you should sue your neighbor as well-THEY HIRED THIS GUY.
3. I would contact the VILLAGES. They can be quite helpful.
4. I believe since he is an LLC-corporation, he will need to hire an atty. That is good news for you because in small claims court the judge will give you every advantage over a pro.
5. I would take detailed pictures of your property

[Pa & Giggi]

1. You have already found that he does not seem to be honorable. I would not expect any change if you go to small claims court. I HOPE YOU HAVE TAKEN PICTURES OR IT WILL GET DOWN TO YOUR WORD AGAINST HIS.
2. You mention that he is an LLC. You need to sue the correct name. His real name may not be the same as the one he uses for his business. The business could be in his wife's name his kids or? I would get the plate number off his car/truck and see how it is registered. You seem to be trying not to involve your neighbor AND I UNDERSTAND THAT. Would your neighbor give you a copy of a bill? If, they pay to ..........LLC then it it likely a legitimate name-CHECK IT OUT. UNFORTUNATELY, you should sue your neighbor as well-THEY HIRED THIS GUY.
3. I would contact the VILLAGES. They can be quite helpful.
4. I believe since he is an LLC-corporation, he will need to hire an atty. That is good news for you because in small claims court the judge will give you every advantage over a pro.
5. I would take detailed pictures of your property

Thanks for the info and yes, we have checked out the LLC which he claims, and he has lied about that. Our neighbor has given us the LLC name and it is not listed with the state of FL. They used to have the LLC on their trucks but we noticed on yesterday that it was removed, however our neighbor gave us a bill where it is written LLC which we know is a lie. We also took plenty of pictures the day of the incident. We also took their plate numbers of their vehicles. We did call the Villages, however maybe we called the wrong department? Anyone can do business in the Villages.
As far as small claims court, I do not believe that he will hire an atty to represent him. If he cannot afford to replace my sliding glass door, he certainly will not be able to afford to hire an atty the going rate to sit in court for who knows how many hours to wait his turn. Also, I do not believe that an atty can talk for him in small claims court, unless it is different in FL. It is the defendant against the plaintiff without one having an unfair advantage against the other by hiring an atty. to represent them. I have delt with people like him before who lie and lie again and tell you what they think you want to hear just to get out of a situation. This is this guy. The judge has seen many of these guys before too.
Thanks for the info.

[autumnspring]

My small claims experience was not in Fla and it was many years ago.
I'm not an atty BUT, I was told that as a corporation they need to be represented by an atty.
You say that he could not afford to pay an atty. What can I say he is not being FAIR with you so why should you care.
When, he receives the paperwork from small claims he will need to act-CALL HIS ATTY. If he simply ignores the paperwork-FINE-you will win due to his not showing. THE HARD PART WILL BE COLLECTING.
As to your facing an atty. Based on my experience the judge in small claims will be on your side not the side of the atty. You have a major advantage. Small claims court for you is like watching one of those TV court shows-it is amusing to see all the stuff that goes on. While you are enjoying the spectacle his meter is running at the rate of 2-$300 an hour.
SADLY, YOU NEED TO SUE YOUR NEIGHBOR AS WELL AS THE GARDENER. YOU DO NOT WANT TO GET TO SMALL CLAIMS A FIND THAT YOU ARE SUING THE WRONG PERSON SO YOU SUE THEM ALL AND LET THE JUDGE DECIDE WHO NEEDS TO PAY YOU.

[Villageswimmer]

My small claims experience was not in Fla and it was many years ago.
I'm not an atty BUT, I was told that as a corporation they need to be represented by an atty.
You say that he could not afford to pay an atty. What can I say he is not being FAIR with you so why should you care.
When, he receives the paperwork from small claims he will need to act-CALL HIS ATTY. If he simply ignores the paperwork-FINE-you will win due to his not showing. THE HARD PART WILL BE COLLECTING.
As to your facing an atty. Based on my experience the judge in small claims will be on your side not the side of the atty. You have a major advantage. Small claims court for you is like watching one of those TV court shows-it is amusing to see all the stuff that goes on. While you are enjoying the spectacle his meter is running at the rate of 2-$300 an hour.
SADLY, YOU NEED TO SUE YOUR NEIGHBOR AS WELL AS THE GARDENER. YOU DO NOT WANT TO GET TO SMALL CLAIMS A FIND THAT YOU ARE SUING THE WRONG PERSON SO YOU SUE THEM ALL AND LET THE JUDGE DECIDE WHO NEEDS TO PAY YOU.

What is really unfortunate is that usually the party with deep pockets pays...more than likely that would be your neighbor ?? I may have missed it, but shouldn't your HO insurance be pursuing any litigation?

[coalminer]

Maybe a report to Angies list and the Better Business Bureau will help others avoid problems in the future

[Bogie Shooter]

Sue your neighbor.......................................... ....?

[RickeyD]

Avoid aggravation and try to suck it up because sometimes [emoji90] happens.

[Villageswimmer]

Avoid aggravation and try to suck it up because sometimes [emoji90] happens.

I'm inclined to agree. Sounds like the stress isn't worth it. I would talk to your insurance company before throwing in the towel to see if this kind of thing is covered.

[rubicon]

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:

[RickeyD]

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:


If this guy has a legal team then my name is Donald Trump. I say FIRE this guy !

[Philip Winkler]

You need to go to Seniors vs Crimes

[Pa & Giggi]

Thanks for the replies. BBB complaint was filed. Also, due to deductible on homeowners it isn't worth it to put in a claim as it falls a few dollars below the deductible. I will see if Seniors vs Crime will be willing to help as I didn't make it to the court house this morning as something came up. Actually, this will give me time to put all my ducks in a row and analyze the situation.

[Jazzper]

To the OP.

Sorry to hear that you ran into problems with Donnie. He recently did some work for us -- completely redid the front yard with a new wall, removed some palms, and did a re-design of the beds and then later came back to also do some pea gravel work in the back. Never had any sort of problems with him and found him to be extremely honest and hard-working in all our dealings. That's not to say, of course, that you didn't run into some issues -- just giving my experience.

PS. -- You might want to double-check the LLC bit...it only took me about 2 minutes to find his online.

Good luck resolving your problem.

[Pa & Giggi]

I do want to make a correction. I was able to make a call to Tallahassee yesterday because I couldn't find his LLC online. I tried several times at sunbiz.gov and because I couldn't find it I did call. I was fortunate enough to speak with a very nice woman who was able to help me and told me that some LLC's are found through the counties they are registered in and that is why they cannot be found where I was looking. However she did find the file number I found through google and I did find the LLC through this woman.

So, in short, yes, this company is an LLC, I do stand corrected. Thank you all for your input it is appreciated.

[Pa & Giggi]

I will place a few calls on Monday. Thanks.

[autumnspring]

[QUOTE=rubicon;1147963]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





Well written BUT YOU ARE WRONG.
You are responsible for damages you cause and in a business you are responsible for the damage your workers cause. The hard part is proving who did what. And the other necessary decision is whether collecting is worth permanently damaging relations with a neighbor. Whether they are insured or not has nothing to do with liability for damages to other peoples property. What is right is clear. The contractor refuses to do what is right.
The OP needs to decide whether or not to take further action. Sadly, no matter what he does it will be a thorn is his and his neighbors side.

[CFrance]

[QUOTE=rubicon;1147963]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





Well written BUT YOU ARE WRONG.
You are responsible for damages you cause and in a business you are responsible for the damage your workers cause. The hard part is proving who did what. And the other necessary decision is whether collecting is worth permanently damaging relations with a neighbor. Whether they are insured or not has nothing to do with liability for damages to other peoples property. What is right is clear. The contractor refuses to do what is right.
The OP needs to decide whether or not to take further action. Sadly, no matter what he does it will be a thorn is his and his neighbors side.
I'm interested to know if Rubicon is wrong from a legal standpoint (pointing out FL law), or if he is wrong from the standpoint of your personal opinion. Not trying to be a smarta$$, but you seem very strong in your opinion, and if there are facts to back it up, I would like to hear them.

My personal opinion is that if my landscaper runs over a stone and breaks my window, that would be up to me and my homeowner's insurance company, as it doesn't seem like a negligent act on his part. If his equipment malfunctioned and a mower blade flew into my window, I might think differently.

[Jima64]

Gosh I thought this would be settled by now. Too bad we don't have the business owners side telling us why they are not responding. As a neighbor I would do my best to not let it get into a @issing contest of who is right or wrong but try and solve it.

[bagboy]

I've been waiting on the charge to be filed by the OP, and the matter taken to court. It will be there that proof can be presented showing negligence on the part of the landscaper. Or not... Hopefully the OP will let us know when the court date is, and follow up on TOTV with the courts ruling.

[Stdole]

Watch this one..

The Judge will rule in your favor if the facts are straight and clear as they appear.

This case as presented here is "what is reasonable for both the homeowner and the
landscaper... The HO was reasonable in first actions... they should followup with
a certified letter to the landscaper (LLC and a certified copy ) to neighbor. Now
both are presented in writing with facts... also include your amount of damages
etc. Keep this letter to 1 2 3 or 4 just the facts... Get a return receipt delivered.
Allow 15 days for their responses ... record all actions of replies or non replies..
Send another letter of intent with return receipt... same time again 15 days...
If no action... proceed with court filings.. Take all letters, emails, pictures to
day of court.... Practice your presentation... keep personal things out of case..

You are on your way.... to being paid... ps.... neighbor is over for you and
them... thats just the way the laws are created and do not take long friendships
into the facts...

[rubicon]

If this guy has a legal team then my name is Donald Trump. I say FIRE this guy !

Hi

Hi RickeyD: I simply mean his insurance company

Personal Best Regards:

[VILLAGERBB]

Maybe a report to Angies list and the Better Business Bureau will help others avoid problems in the future
Good advice Coalminer!

[SisalPhil]

I owned a Spring-Green Lawn Franchise Company and had a mowing division.
If one of my crews broke a sprinkler head, damaged landscaping lights, broke glass or backed into a mailbox we would pay for the repair.

I also carried $2,000,000 insurance sine they where applying pesticides etc. Just good business to pay for damages.

[bagboy]

There is NO proof whatsoever that the landscaper broke the glass. Good luck in court with speculation and calling a local business person dishonest. There are any number of reasons why patio glass can shatter. Just google it. And by the way, you can bet I would investigate any loud crashing sound I hear next to my home, wouldn't you?

[Pa & Giggi]

Update: Total claim falls below my homeowners deductible.
It is now in the hands of Seniors vs. Crime.
Loud sound was heard at the same time they were out with their string trimmer by my door.
Neighbor's distinct river rock was found below shattered door.

[Bonny]

I have a very hard time saying it's the landscapers fault. Sometimes things happen that non of us can control. That's why we have homeowners insurance.
Would you sue the neighbor because it's their rock ?

[PPLEPEU]

FWIW, I've met Donnie and came away very impressed. While cutting our neighbor's lawn, his worker (wife/business partner?) ran over the temporary cable TV line strung by our cable company. During our landscaping construction, Brighthouse had run a temporary line all the way around the back of our home, but hadn't marked it. She never saw it and cut it cleanly.

Rather than sneak away, Donnie came to my door and explained the situation. He attempted to repair the line, but needed two coax connectors. Donnie said he'd pick up a couple and come back that evening after finishing their day.

I thought that was the last I'd see of him. But, sure enough, about 7:00 PM, Donnie and his wife came back to our home and installed the coax connectors, then came inside to work with me on getting Cable & Internet back up. Unfortunately, that still didn't fix the problem and Brighthouse had to come out the next morning. Before leaving, Donnie said to let him know if I receive a charge from Brighthouse -- if so, he'd pay the bill.

A week later, Donnie knocked on my door to make certain I let him know if Brighthouse charged me for the repair as he wants to pay. Pretty unexpected high-road customer care -- and I'm not even his customer!

Donnie handles 5-6 lawns in our small neighborhood and is universally praised by each of them (I know because I asked each of the homeowners).

Obviously, the OP has had an unpleasant issue -- but there are at least some of us who have had a different type of experience with Phillips Lawn & Landscaping.

[Dr.Jim.B]

FWIW, I've met Donnie and came away very impressed. While cutting our neighbor's lawn, his worker (wife/business partner?) ran over the temporary cable TV line strung by our cable company. During our landscaping construction, Brighthouse had run a temporary line all the way around the back of our home, but hadn't marked it. She never saw it and cut it cleanly.

Rather than sneak away, Donnie came to my door and explained the situation. He attempted to repair the line, but needed two coax connectors. Donnie said he'd pick up a couple and come back that evening after finishing their day.

I thought that was the last I'd see of him. But, sure enough, about 7:00 PM, Donnie and his wife came back to our home and installed the coax connectors, then came inside to work with me on getting Cable & Internet back up. Unfortunately, that still didn't fix the problem and Brighthouse had to come out the next morning. Before leaving, Donnie said to let him know if I receive a charge from Brighthouse -- if so, he'd pay the bill.

A week later, Donnie knocked on my door to make certain I let him know if Brighthouse charged me for the repair as he wants to pay. Pretty unexpected high-road customer care -- and I'm not even his customer!

Donnie handles 5-6 lawns in our small neighborhood and is universally praised by each of them (I know because I asked each of the homeowners).

Obviously, the OP has had an unpleasant issue -- but there are at least some of us who have had a different type of experience with Phillips Lawn & Landscaping.
Geeez! I have to agree with PPLEPPU on this one. Donnie & Tara Phillips do somewhere around a dozen homes in our neighborhood. He's here when he says he will be. He (& his wife Tara) work very hard and do a very nice job - at least all of the neighbors whom I have spoken to about him are VERY PLEASED. I have not experienced any sort of issues which would make me question his honesty or integrity.

Like anything else, there are probably 2 sides to every story - I'm not saying that your window didn't get broken as a result of the string trimmer - but, on the other hand. Nobody appears to have seen it happen? And just like the other lady posted, windows can break for a number of reasons (including settling of the ground, etc). If I were Donnie and you asked me to pay (without having any proof that I was actually responsible) I would be a little reluctant to get my wallet out, myself - unless, in fact, I knew that I or one of my employees was TRULY responsible. I have the opposite opinion of Mr. Donnie Phillips. This is NOT to say that you are NOT entitled to your own opinion - but, like I said earlier, there are usually TWO sides to every story - and I'd be interested to hear what Mr. Phillips had to say about this incident.