Question
Mr. Chapelle:
Thanks for the quick response, and for the helpful suggestions.
You're right, of course...it's always best to avoid going to court if at all possible.  But this guy has been jerking us around for two summers now, and we're having a lot of problems with the yard.  He's trying to pass most of it off on the sod farm, claiming that the sod was real bad.  But he did not spray Round UP (or other defoliant) to first kill all the excess Bermuda grass growing in the yard (as he had PROMISED to do), and the very WORST looking sod did not come from the sod farm...but it's some he had had laying around his nursery for almost two months.  He also promised last summer that he could "fix the weed problem"...he kept promising that he would come in the spring and spread a pre-emergent, and the weeds would not even sprout in the first place.  Well...this past February, I wrote him a very nice letter, reminding him that he was to come and spread pre-emergent, and asking him to call me to set up a time to do so.  I never heard from him...so I dropped by his nursery in April, and asked him why he had failed to do one of the things he had promised.  He looked straight in my eyes, and said:  "Hell, you should have had enough damn sense to have done that yourself."
I spoke with a representative of the sod farm yesterday, and this landscaper has not even paid them for the sod they delivered....in May of 2005.
I figure that I can take a few measurements and get a pretty close estimate of exactly how much of the lawn is sodded...that website you gave me looks like it will really help a lot...but I'm afraid my measurements and math could be questioned in court, and I'm really about ready to take a more aggressive action with this guy.  I've been trying to get him to fix this lawn for two summers now, and am out of patience.  I may just go ahead and pay for a surveyor so I can have an "official" document that will hold up in court.  (My attorney says we'll just tack the expense on to what we're suing him for.)
Thanks for your patience, advice, and help.  Sure wish I'd gotten some competing bids, but the guy said all the right things last spring.
Warm regards,
David Gardner

-------------------------

Followup To

Question -
Mr. Chapelle:
Not sure if this question is in your field of expertise, but maybe you can help steer me in the right direction.
We're having a lot of trouble with a landscaper, and (among other things) he charged us for laying 16,000 square feet of sod...and I don't think there are more than about 12,000 square feet out there in the yard.  Is there any way to find out EXACTLY how many square feet of sod are out there?  I've been wondering if we could pay a surveyor to come and measure it, but I'm not sure they do stuff like that.  The yard has some odd-shaped areas, so it's not just squares and rectangles, and I'm sure somebody would have to do some math.  
Is there any type of landscaper who does stuff like that?  I'd like to get it done "officially" so we've got paperwork on it...I'm ready to take the guy to court, and (in my opinion) overcharging like that should be a criminal matter.
Any suggestions, advice you can offer are greatly appreciated.
Warm regards,
David Gardner

Answer -
First off, some basic math - the square root of 16,000 sf is 126.5 feet x 126.5 feet.  A very large backyard, indeed - a 1/3 of an acre!  If your TOTAL yard is 109 x 109 feet square (about 12,000 sf) then, yes, you are being overcharged.  

Item two; ask for a receipt from your landscaper, of the sod farm/sod supplier who delivered the grass.  This receipt will usually has a project address (where the sod was delivered) & how much was delivered.  If he doesn't "have it", then ask your landscaper to ask the sod supplier to fax it to you the supplier's copy.  Keep in mind, a typical job will have "extra" sod - usually about 5%-10%.

Fees for actually laying the sod vary.  Here in the west, sod costs run about $0.45/square foot, delivered.  Then the area needs preperation & irrigation.  We typically estimate it costs about $1.35-$1.50/sf installed. (thats our LOCAL, westcoast price - your's WILL differ by region).

Getting a surveyor out is the last resort. A two-man crew charges about $150-$200/hour, plus other expenses - travel, set-up fees, etc.  It would be cheeper to get a 100 ft "rag tape" from the local supply store ($20), and just lay it out in the presence of your landscaper or on a simple sheet of graph paper & walk him though the math...

An exaple site for calulating simple lawn areas:
http://www.superiorsod.com/PDF/SS_MeasuringGuide.pdf#search='calculate%20lawn%20

Start with these suggestions, then escallate accordingly.

I have no doubt you have every right to feel "steamed & cheated", but in my opinion, court is a the LAST place to dispute a difference of a couple of hundred dollars, when there are so many other ways to solve this issue, first.

Good luck - Marc

Answer
Wow - you are a patient man!  He really sounds like a goober of a contractor.

Maybe you can hire a 1-man surveyor...it shouldn't be too expensive or difficult to calculate the area.  Just explain WHY you want the area measured, so when it becomes court evidence, the surveyor can justify his calculations, too.

You may also want to check if he is even a licensed contractor, as there is usually a state-level complaint/review board.  And, if he is NOT, they usually have a mechanism in state law to saction unlicensed individuals for big bucks...Here in Nevada, they really "soak" the folks who are scoff-laws.

Plus, it sounds like the line is forming quickly, to get these issues paid/resolved.  But, if you are at the point of engaging an attorney, he should be looking out for your rights at this point.  This contractor may also try to "cloud" your property title, claiming a mechanic's lien against your home, saying you caused all the fuss and owe him lots of $$....Your local attorney is better able to advise you of how to prevent that from happening.

Giv'em Hell & good luck in court - Marc