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.

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.

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.

I will place a few calls on Monday. Thanks.

Re: Fault
 

[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.

[QUOTE=suesiegel;1162414]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.

wow still on this one.
 

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.

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.

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...

Hi

Hi RickeyD: I simply mean his insurance company

Personal Best Regards:

Good advice Coalminer!

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.

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?

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.

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 ?