From: trader4@optonline.net (Chet Hayes)
Newsgroups: alt.building.construction misc.consumers.house alt.landscape.architecture alt.home.repair
Subject: Re: Concrete Border Question
Date: 5 Jun 2004 09:40:52 -0700

"Lyle B. Harwood"  wrote in message news:...
> In article , Anteater
>  wrote:
> 
> ?  The guy is not a licensed contractor (we checked after these problems happened)
> ? so we can't take him to the board of contractors. He is an LLC. 
> ? 
> ?      So I wondered if anyone who knew this field of expertise could
> ? give their opinion on the matter, and possibly refer me to some
> ? concrete standards or something. What retaliation is there for
> ? something like this?
> 
> Without a license, here you would have no recourse.
> 
> I have no idea what recourse you have in your state, that would be a
> function of your state laws and the wording of your contract.
> 
> If you don't have a contract, I doubt you have any recourse.
> 
> Best of luck, and let us know how it comes out!


He has recourse, with or without a contract, he can take the guy to
small claims court.  And he almost certainly has at least a verbal
contract as there was a meeting of the minds and an agreement reached.
 Of course a verbal contract is harder to prove, however this one is
pretty obvious.  Hopefully he paid the guy with a check.

Even without an agreement, under the law, if you buy something, it has
to be basicly fit for the use intended.  For example, if you sell
someone a new pot, and they take it home and find that it doesn't hold
water, even without a guarantee, they are entitled to a new pot or
refund.

The real problem, of course is collecting any judgement.