contractor walked off job and declared bankruptcy--any legal recourse?

nyc to oc

New member
I'm in a real life nightmare--

my landscape contractor halfway into the project stopped coming to the job, stopped responding to all calls/texts/emails and now has notified me he filed for bankruptcy and won't be completing my project.

Totally out of the blue. A day before he pulled his crew off my jobsite, he was talking to me about next steps, ordering plants, like everything was normal.  He came highly recommended by my landscape designer and had glowing recommendations from previous clients. Never had an inkling that this was coming.

As naive homeowners doing our first big landscaping project, we had agreed to a payment schedule that was somewhat front loaded for the hardscape. So we've paid about 90k so far when he's probably completed about 2/3 of the value that stuff.  Stupid me--now I've learned my lesson.

Has anyone ever had a similar experience, hired a lawyer and successfully sued for damages and money back on incomplete work? Any recommendations for good attorney that handles stuff like this? 

Also, does anyone know how I can verify (as a layperson) whether he actually did file for bankruptcy and has legal protection from creditors, or is he just saying that, hoping that I won't pursue him further?

Thanks.

 
Is he licensed, on cslb.ca.gov? That's a good site

(Also, if you don't mind sharing who they are, see if other members here have dealt with or dealing with them)
 
AW said:
Is he licensed, on cslb.ca.gov? That's a good site

(Also, if you don't mind sharing who they are, see if other members here have dealt with or dealing with them)

Dave Cross Construction, Inc.
 
BK filings are public records. So you should be able to find this after some effort. If the company's filed, you'll want to make a claim as a "creditor" - pretty formulaic stuff. If the company hasn't filed, you can hire an attorney and demand completion of services and/or pro rata refund for work not completed relative to payments made. If the company is in trouble, this might just push it further toward a BK filing.

If he's doing things correctly, you should be listed in his BK filing as a creditor, and you should receive notice of the filing - a stay requiring you not contact him trying to collect.
 
nyc to oc said:
I'm in a real life nightmare--

my landscape contractor halfway into the project stopped coming to the job, stopped responding to all calls/texts/emails and now has notified me he filed for bankruptcy and won't be completing my project.

Totally out of the blue. A day before he pulled his crew off my jobsite, he was talking to me about next steps, ordering plants, like everything was normal.  He came highly recommended by my landscape designer and had glowing recommendations from previous clients. Never had an inkling that this was coming.

As naive homeowners doing our first big landscaping project, we had agreed to a payment schedule that was somewhat front loaded for the hardscape. So we've paid about 90k so far when he's probably completed about 2/3 of the value that stuff.  Stupid me--now I've learned my lesson.

Has anyone ever had a similar experience, hired a lawyer and successfully sued for damages and money back on incomplete work? Any recommendations for good attorney that handles stuff like this? 

Also, does anyone know how I can verify (as a layperson) whether he actually did file for bankruptcy and has legal protection from creditors, or is he just saying that, hoping that I won't pursue him further?

Thanks.

I'm sure he'll be back in business soon operating under a different name and contractor's license.  Lather, rinse, repeat.  Seems like standard business practice for many contractors.

You'll be lucky to even find another contractor who will take on a half-baked job.  Usually, no one wants to inherit someone else's headache, because if something goes wrong, the new contractor will be the one to blame.
 
Which community are you in? Most HOA will have some prefer or recommended Contractors since they deal with Landscaping approval all the time.  If your HOA vetting him then you can take it up to the board and notify them is the first steps. BK filing meaning that he is broke so even if you have a lawyer, chance of getting money back is thin.

I always say this over and over again, you gotta keep your money tight, never release the money until you see materials and work with pay as you go only when they complete dotted tasks or jobs.
 
For big jobs  like that, I always choose someone who has been  in business 5+ years and I check at least 3-4 of their recommendations, too risky otherwise.

Sorry to hear your dilemma nyc, thanks for sharing I'm sure you  will be a help to others.
 
The contractor I chose has been in business for at least 12 years, worked on multiple projects with my landscape designer, all turned out well, and I personally visited the homes and spoke with at least 4 previous clients who all gave him unconditional rave reviews.

It just goes to show that past good project and history can not guarantee a good result. My landscape designer was shocked when I shared the news with her.

 
nyc to oc said:
The contractor I chose has been in business for at least 12 years, worked on multiple projects with my landscape designer, all turned out well, and I personally visited the homes and spoke with at least 4 previous clients who all gave him unconditional rave reviews.

It just goes to show that past good project and history can not guarantee a good result. My landscape designer was shocked when I shared the news with her.

Oh, I am so sorry to hear this.  Looks like you went above and beyond in vetting them before you hired them.  If he was genuinely in trouble hope he would send you some of his friendly competitors your way to get the project completed.  May be the landscape designer can help you find a replacement.  At this point, focus on getting the project completed and then look to recover
 
that's pretty scary.  i have yet to start my landscaping in OH and who knows what you are going to get when you pick a contractor.  sounds like you did your homework and you still ended up in a bad situation.
 
dethman said:
that's pretty scary.  i have yet to start my landscaping in OH and who knows what you are going to get when you pick a contractor.  sounds like you did your homework and you still ended up in a bad situation.

This is why FCB prefer model home. And those models are pretty pricey. Everything is done and done nicely for the most part. Even with the high price tag, it has no problem selling. This is one aspect of new home-owner heartache, is the HOA timeline requirement. Not only that you have to find a reliable contractor to do the job, you'd have to get it done in a certain amount of time.

The resale market is on fire because most people that buy new have to fork out more dough to complete landscaping, and it's not cheap. You have to watch them like a hawk even if you thoroughly checked them out.

You've done everything right with the background check and cross-check previous works. The other aspect is the high costs of qualify workers in the tight labor and higher cost of constructions may push him to BK.

In any events Contractors like him, that makes owning a new home becomes a heartache. You may have more time now given the fact of the contractor filing and the HOA will allow more time to recoup the lost of time. Money wise the legal system pretty much protect BK Filer's from creditors unless he has plenty of assets to liquidate for the liabilities. And I am pretty sure if he had any, he hid it before filing the BK status.
 
nyc to oc said:
I'm in a real life nightmare--

my landscape contractor halfway into the project stopped coming to the job, stopped responding to all calls/texts/emails and now has notified me he filed for bankruptcy and won't be completing my project.

Totally out of the blue. A day before he pulled his crew off my jobsite, he was talking to me about next steps, ordering plants, like everything was normal.  He came highly recommended by my landscape designer and had glowing recommendations from previous clients. Never had an inkling that this was coming.

As naive homeowners doing our first big landscaping project, we had agreed to a payment schedule that was somewhat front loaded for the hardscape. So we've paid about 90k so far when he's probably completed about 2/3 of the value that stuff.  Stupid me--now I've learned my lesson.

Has anyone ever had a similar experience, hired a lawyer and successfully sued for damages and money back on incomplete work? Any recommendations for good attorney that handles stuff like this? 

Also, does anyone know how I can verify (as a layperson) whether he actually did file for bankruptcy and has legal protection from creditors, or is he just saying that, hoping that I won't pursue him further?

Thanks.
That's awful, so sorry. We are on a pay-as-you-go schedule with our landscape contractor and even so I am always a bit nervous handing over those checks. Some builders like New Home Co. even have landscaping options through them during construction so the landscaping is all done through the builder at COE. Even though typically pricier, I can see why one would go that route because of cases like this. At least if he's 2/3 done you can get bids and get the job finished, while taking appropriate legal action against the original contractor in the meantime.
 
Any updates for PSA?

Lessons Learned from your previous posts

Even if the landscaper have good referrals be on the guard
Don't pay more than what has been completed.


Post Bankruptcy Lessons
????
 
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