HELP! Landscape supplier delivered poor product not agreed to

[Kirsten K.]

HELP. Landscape supply business demanding to be paid under the table (cash only, no paperwork or receipt) for poor quality product not agreed to.

A landscape supply business misrepresented their product to me. I ordered a 3-way topsoil mix (1/3 sand, 1/3 silt, and 1/3 sawdust) and what was delivered was a very poor quality product (I talked to 4 different industry professionals, who all believed he delivered fill dirt with some wood shavings added to it. It was worse than our native soil! High clay content and there was no sand at all, just dust).  This dirt compacted very hard under minimal water sprinkling and had standing water for 5+ hours in full sun 85 degree weather (beneath the standing water, the dirt was relatively dry - so it was holding water, not draining at all).  I have date/timestamped photos and video of the issue, as well as samples of the dirt saved.

The business owner came and looked at the issue - did not try to remedy the situation at all, blamed my professional landscaper and his bobcat on tracks for compacting the soil as he graded (specs for the bobcat state <4 lbs psi, which is less than a person just walking around).  I had a different 3-way mix previously purchased from another topsoil company that, under the same conditions, did not have these problems (compacting, ponding water) which I demonstrated to the business owner.

Due to costs incurred by me to deal with the problem product and schedule delays, I refuse to pay topsoil prices for this fill dirt that I did not agree to or need.  My landscaper refused to continue working with it as a lawn planted on it would just die come fall/winter in NW Washington’s heavy rains. I paid the landscaper for bobcat work to scrape off the bad dirt onto other parts of property that we didn’t plan to have (or need) dirt, and re-graded the property with the same amount of new, quality topsoil purchased from another topsoil company. Also spent days dealing with the issue - testing and documenting the poor quality dirt from and taking samples around to discuss with other topsoil companies and nurseries (who all said it was fill dirt with wood shavings added).

The business owner initially accepted my offer of a check for $1500 (out of $3500) if he provided a receipt saying paid in full. He wanted cash payment, but I said that I wanted proof that I paid him and that we had come to an agreement (to cover myself).

He then called back saying he was going to talk to his attorney, because he felt he didn’t misrepresent his product and basically he wanted everything in cash and now I wanted “all this paperwork” (a receipt).

When I originally talked to him, he said the price would be $3500 if paid in cash and that if I wanted a receipt, it would be $300-$400 higher (in hindsight this should have been a HUGE red flag that I was dealing with an unethical business). Everything was verbal, he provided NO written estimate, contract, or even an invoice etc. All I have are texts sent from me to my husband the day I talked to the business owner stating what the product was SUPPOSED to be and price per yard.

It’s been more than a week and he hasn’t called back, but I see that he tried to a certified letter today and no one was here.

I think he wants no paper trail because he is not paying taxes. Should I worry about being sued? I think he’s going to try to threaten us. What would you do?