In april of this year I contracted with greenwood excavating inc to dig a french drain in backyard and to excavate the rear and side of my house because I was getting water in the basement.
I had concerns immediately about the placement of the french drain but he assured me they were in business for 25 years and if there were a problem they would come back and fix it.
I paid $5370.00. The drain did not work and he wanted to charge me another $450.00 to fix it. I told him that he was paid and that he should honor the contract.
Instead he dumped a load of gravel in my driveway and told me that my sons could dig a hole behind the drain and fill it in with the gravel and that will fix the problem.
The contract states that any work done by the homeowner revokes any guarantees. I've called him and e-mailed him regarding the water problem. He has yet to return a phone call.
Took him to small claims court in monroe. The first judge recused himself because he had represented greenwood excavating inc. I went before judge jack
j. Rosenthal.
He asked me if I had any evidence. I pulled out photographs of the backyard and of the basement and he refused to look at them. However the attorney for the defendent handed the judge a picture and he looked at it.
I just received the judges decision. He ruled that I had no cause of action. The judge has allowed the defendant to break a legal and binding contract.
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