Property destruction, undelivered materials, unfinished work, wrong materials, not to specifications.
Items not completed:
-The blacktop Bud Ducey's crew removed erroneously in the driveway that has yet to be addressed.
-The haphazard placement of the "pergola" area flagstone varying greatly from what was agreed. Bud Ducey assured me when he came by to collect a check that he was going to correct this the following week himself as he recognized how badly it was done.
-The switch of flagstone from what I ordered and paid for to a different flagstone (I confirmed this with a landscape supply company) used in the "pergola" area and backyard path. Bud Ducey and I discussed this and he indicated he shares space with another landscaper whom took the additional flagstone that was ordered/purchased by me for which he would replace.
-The additional flagstone purchased for what Bud Ducey deemed necessary for coverage (375 sqft) which has not been placed or delivered and has yet to be accounted for.
-Replace alleyside fencepost in plan.
-Staining of woodwork.
1/29-1/30 utility marking was supposed to occur
2/13 indicated work could not start due to weather
2/18 indicated work would start on 2/19
2/19 work started.
3/10 update proposal delivered.
3/26 delay for weather
4/8 delay for weather
4/8 indicated 5/4 completion date was not a problem
4/18 indicated they would work wknd to catch up
5/3 plant pricing sent.
5/4 work not complete, deadline missed
5/10 no progress text sent; Bud called indicating he would be by 5/13
5/13 did not show
5/20 no progress, text sent
5/29 Bud texted that he would stain the next day; did not occur
5/29 Bud texted that he also needed to do fence post; did not occur
5/29 Text to Bud indicating remaining items; no response
5/30 text to Bud regarding sprinkler layout diagram needed; no response
6/1 Bud called asking to meet to pick up additional money; Also he texted
6/1 Met with Bud and discussed the remaining items of which he indicated he understood the issues with the flagstone and would address himself and he would complete the remaining tasks on the week of 6/10; paid him nearly all of the remainder of contract money.
6/11 Sent an email detailing outstanding items after he received check; no response
6/28 sent an email asking for progress report as he did not show up the week of 6/17 as he indicated he would. His irrigation guy had come by to address two concerns.
6/28 Maintenance guy came to address aeration and grass planting from outstanding list
7/9 Sent Bud a text asking for an update and plan.
7/9 Bud texted back saying he was getting out of "deep woods" and would send a schedule the next day and complete work by end of following week; never occurred
7/19 After not receiving a schedule or any progress on work texted Bud to that effect; no response.
Finish the agreed upon work with the correct materials to specifications.
I would like to address some of the items listed, and satisfy the customer. The project is absolutely complete to the letter and intent of the proposal and the design. It is also important to note that the project which is complete has not been paid for and I have not solicited the final payment of $1,758.00. In fact the property received additional work and materials at no charge. These improvements are: Drip irrigation to the front wall garden bed, which was only bid to receive a weeding and clean up, no charge. New Drip to front foundation plantings. New Mainline from the backflow valve to the kennel, move valves and valve box, reconnect all laterals, all new heads, and install a new irrigation clock!! Basically a whole new irrigation system except for laterals to 12 heads. Pricing was given by the foreman before work began, for this part of the project $1,200.00 was verbally given. In actuality over $1,600.00 in irrigation materials (a $3600.00 value) were installed on the project not including labor. I agreed to accept $850.00 + the $225.00 already in the bid. The fact all of this extra work occurred was a direct result of the foreman offering solutions with a price and the customer accepting the product at the spoken price. The work would not have occurred if it was not ordered. In any event it happened, we agreed on the resulting price and the customer received a great benefit, product, and price. Also done at no charge to the customer was instead of cutting a V swale along the garage we installed solid PVC drain pipe and a drain basin. A swale would have had no material cost and required less labor. Also done at no cost to the customer was two - 2 sided panels in L shapes to separate the air conditioner and the BBQ from the flagstone sitting area and hot tub. We had these panels installed at no charge since we were behind schedule. Another nice benefit and product to the customer at no charge. The flagstone area in question is not on the original proposal or drawing, there was to be 375 square feet going in and is listed specifically on the proposal. Adding a natural random spaced flagstone area with gaps for plants to fill in was requested and we did the work. It is EXACTLY what was discussed and it is not in the drawing or the bid, the additional flagstone listed in the post bid notes and pricing is at the property and is installed, we can measure it together.The issue of the type of flagstone comes from the customer asking what happened to the materials at the site, it was delivered by the ton, cut up and installed upon clean up we took it to our yard. Equally it is/was not paid for as the project was not time and material, and no material payments were ever made. Payments were done after materials and the work was completed. The work is complete except for the 1 fence post for $110.00 line item in the bid. The customer would like the one flagstone area adjusted and I would like to do that for them. The staining i not in the proposal and was never priced such, I did make an offer to stain the fence. We purchased stain and had a crew on the site and then the customer changed the color that they wanted done so we had to cancel. The stain was a one time offer, and it is not in the bid, considering the free panels at the A/C and BBQ, the hose bib for the dog,a new installed irrigation clock, and the multiple and extensive irrigation changes that were done by 'mistake' I think one more free item is not reasonable to ask for.
We would like to resolve the customers dissatisfaction with the rough set flagstone in the pergola sitting area. We would also like to repair the rough asphalt which had been at the gutter in the driveway. The fence post for $110.00 he can have us do the work or take it off the $1,768.00 we are due and have some one else do the work.
The job is complete, except for the fence post. No more free work will be done. We need paid the $1768.00 and we will fix the fence post, adjust the flagstone and replace the asphalt. The only reason the schedules were difficult to meet was weather, the plan changes, and all of the free work and materials completed at no charge for this customer. If the check is at the property we can do the repairs and the fence post by 9/13/2013.
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
I am willing to work with the business to resolve but based on the plans and discussions the work is not done and complete satisfactorily. I agree with the business in that the irrigation was done very well by a highly competent project foreman. The project foreman had discussed what was involved and as stated by the business a price was agreed upon and work commenced. When a revised bid was put forth it had costs well above what was agreed upon with the foreman and the resulting price adjustment was made based on the cost expectations set. The irrigation was done beyond expectations and there is no issue with the work. However, it does not negate the fact that communication throughout the project caused several issues that could have been avoided.
The issues that remain are the area that was deemed originally for a pergola has a completely different flagstone from what was communicated to**** on April 8th (Honey Gold was requested and that covers nearly all the flagstone areas) and its placement. It is NOT to the specifications we discussed and not the same material as the other flagstone installed right next to it for the patio area. When**** came over on June 1 we discussed it and he communicated that he was not happy with the placement of the pergola area. They are not the same height, the transition between flagstone areas is a mess, and the type is not what was ordered. Both the placement and the material used (not Honey Gold) were acknowledged by**** at the time and that is when he told me about the shared space and that the honey-gold flagstone was used by another company. We went from originally 310 square feet to 375 square feet. We can review the square footage to understand where the placement adds up.
The asphalt that transitions to the driveway to prevent back-flow and standing water on the driveway also needs to be addressed. I believe one attempt to fix it by Green Touch with cold patch was unsuccessful and it was communicated that it would need to be done with a proper hot asphalt application.
As per the amount due the remaining amount is $1258 as the original $500 deposit when we first engaged Green Touch needs to deducted from the amount owed. I discussed this with**** the last time we met and we were both in agreement. From this we can subtract the fence post as it does not appear to be work that Green Touch is interested in doing. From that calculation outstanding owed to Green Touch is $1148 once work is completed.
Items to agree to address to complete work:
-Asphalt repair with appropriate material
-Pergola area adjustments with the correct Honey-Gold flagstone ordered.
Final Business Response
I will make an appointment with the homeowner for this week if the client is available to see the issue with the color of the flagstone. I will order the asphalt to be scheduled with an asphalt company, I will pre-pay for the asphalt as the delivery and installation may take longer than 2 weeks. Upon discussion of solution to flagstone with the client I will schedule the work to be done on the flagstone to be completed by October 1. Tuesday
*** did a satisfactory job of addressing the remaining items himself and the finished look is good.