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Tyler & Longview TX Serving 19 East Texas Counties

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Consumer Complaints

BBB Accredited Business since 06/15/2009

Clay's Lawn & Fencing

Phone: (903) 566-2529Fax: (903) 566-9522

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Customer Complaints Summary

2 complaints closed with BBB in last 3 years | 1 closed in last 12 months
Complaint TypeTotal Closed Complaints
Problems with Product / Service2
Advertising / Sales Issues0
Billing / Collection Issues0
Delivery Issues0
Guarantee / Warranty Issues0
Total Closed Complaints2

Complaint Breakdown by Resolution

Complaint Resolution Log (2)BBB Closure Definitions
07/14/2014Problems with Product / Service | Read Complaint Details

Additional Notes

Complaint: I asked this **** Lawn and fence come and give me a bid instead when he show up and looked job over he got out and draw a contract
when a was Mr. **** was drawing out the fence I told him I wanted 2 slide gates would cross my drive way they would be about 12 ft. wide also I need one walk entry gate as he was writing this what I thought was just a bid I told him if could do the job for 5500 the job was his mind you he kept writing all this time I told him I was still waiting on a bid and had several already the where around 5500 for good quality material of chain link I would like black powder fence not know if can afford it we shook on 5500 and the he finish writing told me that bid now 7000 and now had swing gates instead I waited till other man came and got my bids in and figure that **** was charging me 13.53 a foot and everybody else was with slide gates and with black powder fence I wanted will only charge me 11.21 a foot I called **** secretary and cancelled with him on X-XX-XXXX just a day later I think there is a grace period of 4 days I been told before a contract is in full and he can charge me this 10 percent I want my 500 dollars back I have proof if you need it from letters from Mr. **** the contract and this man had no right keep my money

Initial Business Response
I am responding to the complaint filed against my company June 23, 2014 by customer: case#28016650. My office was contacted by customer for a bid. I arrived by scheduled appointment, June 10, 2014 on or before 10 AM. We discussed a 5' black vinyl coated and a 5' galvanized chain link fence along with the two or three other bids he had already received. Customer stated these companies provided prices but would not give him any other information including specs. I spent two or more or less hours explaining, bidding and educating customer on fence materials. Gauge, tubing, frame work and gates. After discussing all options and cost with customer, he decided to purchase a 5' galvanized chain link fence with 1 -walk gate and 2 custom built 12'X5' double drive gate sets. Double drive gate sets. Double drive gates built to accommodate automatic gate openers. He wanted to build fence first then come back in about a month to install drive gates. I agreed. I also at NO Charge was installing two prefab double drive gates until he was ready for custom gates, as a courtesy. Customer thanked me. I prepared a written contract in which he read front and back, agreed then signed. Contract was for $7,000.00. He requested to pay $5,500.00. I told customer our policy was 50% down payment which is customary and ethical in this type of business. Customer wanted to pay the higher amount then asked me to follow him to the bank. I waited while customer drove through drive through, customer paid me $5,500.00 in cash. We shook hands and left.

Customer called June 11, 2014 to cancel his contract. Customer received a cheaper bid and decided to use that company. Customer said keep 10% which is $700.00 of $7,000.00 which is exactly how the contract reads and mail me the remaining. I mailed $5,000.00 ck# XXXXX - X/14/14 keeping only $500.00. I spent a lot of time there plus I had a signed contract and my office was preparing for this job. BBB on June 30 faxed me the website and a copy of the "cool off rule". I read it, I understand it. I was completely unaware of the "cool off rule". I've been in business for 20 years and never had a issue like this. Customer learned as I did. Had customer just called and told me this, I wouldn't be typing this letter. Simply would have just returned the $500.00 I kept. Customer never called about this. I mailed certified ck #XXXXX - $500.00. Enclosed is all the paperwork and correspondence with customer. We hold our standards to the highest of standards. We strive for excellence. I deeply apologize for any inconvenience I may have caused to all parties.

Complaint Resolution: Company addressed the complaint issues. The consumer failed to acknowledge acceptance to BBB.

06/11/2013Problems with Product / Service | Read Complaint Details

Additional Notes

Complaint Category: Failure to honor promised refunds, exchanges, or credit

Complaint: I cancelled a contract with the Co. to build a fence. I was promised a credit to my credit card for the down payment. no credit has been received.
On 3/22/13 I signed a contract with Clay Williams to build a fence at my residence. The Projected start date was 4/19/13. That date came and went with no contact from Clay regarding a new start date. I called the following week and was told by the secretary and Clay wanted to relay that he was sorry. There had been a lot of rain that put them behind schedule. I waited 2 more weeks, which was the first week in May. Still no call from the company. I called and Clay relayed that he hoped to have someone out the following week (week of 5/6/13)to dig and set the fence posts. I marked my sprinkler heads to be sure there was no damage in anticipation that work would begin. The week of 5/6/13 and the week of 5/13/13 came and went with no contact from Clay.

I sent a certified letter to the company dated 5/17/13 notifying Clay that I wass cancelling the contract signed on 3/22/13 due to nonperformance and requested a credit to my credit card for the amount of the downpayment. The certified letter was received at Clay's Office on 5/20/13. On 5/21/13 Clay called me and stated again that he was sorry. That this had not happened before. He stated he understood why someone would want to cancel. He stated he would not charge me the 10% cancellation fee, but would refund the full amount of the deposit. He stated he wanted to send me a check instead of issuing a credit. However, I told him that I would prefer a credit. He then stated that when he opened his merchant account, that his bank did not allow him to issue credits. (Very odd). I stated that I had sent the information to the credit card company for a credit since he had not performed under the terms of the contract. No fence had been built and I had not heard from him. He stated that he only kept $1,000 in his merchant account, but had more than that in his checking account. (If you have funds in your checking account sufficient to issue a credit, why would you want to send a check?) I stated I would rather have the credit to my credit card. He then said, the credit card company could not take money out of his account with out his permission. But, he would have his accountant fund the merchant account and issue me a credit.(again, very odd). I said okay you do that and send me a copy of the receipt. He said he would. I have not heard from Clay since the telephone conversation on 5/21/13 and no credit has been issued to my credit card.

I am at a loss to understand why Clay has not honored his word by issuing a credit to my credit card to refund the deposit. The contract was signed in good faith. When there had been no performance under the contract and no contact from the company regarding a new start date, I cancelled the contract according to the terms that we signed. I offered to pay the 10% cancellation fee as stated in the contract.

I have treated Clay with respect and I have abided by the terms of the contract. Our conversations have always been cordial. However, I do not understand why he has not issued the refund of my deposit as he agreed to on 5/21/13.

Business' Initial Response
Business contacted BBB and stated they refunded the consumer $2,880.00.

Business' Final Response
(The consumer indicated he/she ACCEPTED the response from the business.)
The Company issued a credit to my VISA account in the amount of $2,880.00 on 6/4/13. It was posted to my credit card on 6/6/13. Thank you for your assistance in resolving this matter.

Complaint Resolution: Company resolved the complaint issues. The consumer acknowledged acceptance to BBB.

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