Question
Late Fall of '07: the company sent a crew to clean out beds, trim back shrubs, etc. and to construct a terraced flagstone area adjacent to driveway so that 4 cars can park and one can open the car door and step out on stone, rather than wet grass/dirt. The "boss" gave instructions and left for another job. The Mexican workers did a nice job on the beds, and the terraced steps on the driveway incline looked good. Several days later(in December) I stepped out on them, and took the first step up...the large flagstone flipped up, I didn't fall but almost. As we looked at it, all the steps up were loose, none safe for walking. One person from the landscape co. has been back to look at it since that time. Is this considered job abandonement? I really don't want inexperienced workers(read: Mexicans with no SS registration, being payed under the table) doing the stone steps...where am I legally on this. I've not paid them anything but would be glad to pay the labor for the clean-up the beds bill. Could I just ask them to come and pick up the flagstone they brought and cancel the bill? I want these steps to be safe and I now know of a very experienced company that does alot of outside stonework and would prefer to have them make sense of the big mess by the driveway. Thanks for your time,Kathleen  

Answer
I would run (not walk) to the phone and call the State Contractor's Board to see if this outfit is legitimate.  IF they are not licensed and/or bonded, there are hefty fines awaiting them - assuming your state gives a rip about you, the consumer of their professional services.  Creating an unsafe condition is a HUGE no-no.  I'm not kidding about running tot eh phone...Do it now.  

IF they check out and are a legit. outfit, remember that YOU are the consumer. DEMAND that they fix it, or you will take further action.

You should talk to the contractor's board about your options for your state.  Each state is different in what they will allow you to do, if you are not satisfied with the work - pay the bill & go to arbitration, withhold money until it is fixed, place the money in a 3rd-party trust until it is resolved, etc.   

Some states will allow you to not pay, and even give you a "finder's fee" for turning in a crook. Other states have a special fund for folks who have been "taken" by a bad apple. Visit the website of your state's licensing board to see what their policy might be.

Don't put it off and hope it will all turn out O.K. if you just "play nice" - My opinion (and experience) is that you'll probably get kicked in the teeth for you efforts.

Sometimes, a State's contractor lien laws are too much to the advantage of the contractor or supplier.  The homeowner is left to clean up the financial mess that a lousy contractor leaves in his or her wake.  If they don't pay their bills to the suppliers of the flagstone, OR their workers (legal or otherwise), YOU, the homeowner, might get your house liened for the contractor's non-payment!!  

Our state's limit is as little as $500 owed, and goes to infinity, but your's might be a higher threshold.

You may end up hiring another out-fit to finish the work, but be careful that you do not end up paying twice as much for the same work.

My sympathies for your predicament ~M