[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]

Originally Posted by suesiegel

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]

Originally Posted by suesiegel

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]

Originally Posted by RickeyD

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]

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:

[RickeyD]

Originally Posted by rubicon

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