Well that is really between you and the landscaper and what your original arrangement was. That said I don't think it is unreasonable to expect the bermuda to have been killed prior to installing the new landscape. Otherwise I would ask that they see what they can do to kill it now. In flower or shrub beds this can be done. In other turfgrasses you really don't have much of a chance in getting the bermuda killed out, especially if it has invaded extensively.
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