Legal Question in Civil Litigation in Florida

My company hired a sub contractor to install sod for a customer. My Quote and invoice stated "No Gurantee on sod". The customers sod got fungus (rainy month and extremly hot temps). My installer agreed to re-install but told customer to wait until October due to higher temps and rain. Customer did not want to wait. Installer installed new sod. Sod died again from Fungus (again very hot temps tons of rain as well as customer lawnn isshaded) Perfect ingrediant for fungus. Customer wanted sod installed a third time. We explained that we would not do that and that there was never a gurantee on sod per inoice provided to customer. Customer is suing me for "breach of contract". Does customer have a case. Any suggestions for me please provide. thanks


Asked on 1/06/11, 8:33 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Assuming that customer is suing in small claims court, take a copy of your contract, and all of your notes detailing the dates of contact with the customer, who said what, who did what and why. Tell it to the judge. The judge will decides whose story makes the most sense.

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Answered on 1/11/11, 9:00 am


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