ComplaintsforLawns of Distinction

• Initial Complaint

  06/30/2021

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  Our condominium association, ********************************************* (*****), contracted with Lawns of Distinction on August 14, 2020 for landscape services of our two entrances. One entrance is on the west side of************* the other on the east side of************** The plants and trees were given a one year replacement warranty under "normal care." Of the three pine trees planted on************** one has died. The owner of Lawns of Distinction, Bob B******** has refused to honor the warranty and replace the tree, despite the best efforts of the officers of *****. ***** began planning for the entrance updates with Bob B******* in the fall of 2019 and then again in the spring of 2020. Because of the pandemic and work backups, the actual planting at the entrances began on September 15, 2020. It should be noted that the two other pine trees, planted next to the dead one, are alive and thriving, & have received the same care as the tree that died.

  Business response

  07/06/2021

  Business Response /* (1000, 6, 2021/07/06) */ Contact Name and Title: Bob B*********************************** Contact Email: ************************** To Whom it may concern, We received******** complaint regarding a dead pine tree. We stated plants came with a 1yr warranty under normal conditions. This particular tree has not had normal conditions. I was not asked about follow up care, but *********** (***** Husband) would mention about having ********************* care for many of his trees on his property, so maybe that is why we were never asked about care, but I do say to all customers " There are 2 ways to kill a tree, not enough water or too much water. " In this unfortunate situation it was too much water. The internet is very specific on watering / tree care for evergreens noting the watering location (root zone / ball ) and the amount and of water a tree needs. In my quick internet research for everyone, is that no evergreen tree should get direct water spray from irrigation systems let alone a rotor within 15ft of said tree and cycles / returns immediately after it passes the tree, so it gets 2 direct hits back to back on the lower half / base of the tree. This was my personal observation on site during an irrigation cycle which I was told runs for 20 mins per cycle per home owner. So if you do the math on the GPM of the nozzle, run zone time and how many days per week, this tree was completely overwatered and the root zone is saturated. Feel free to google your self, the 2 sites I looked at were ******************** and the ********** ************ - "************" Now they may want to claim different irrigation practices / times, but I witnessed exactly what was going on and the other 2 trees that " are alive and thriving" DO NOT have any direct irrigation spray nor have they had any since installation based on my observation. Which means they " have not had the same care." In addition to the landscape, they did add an additional lighter spray head in the middle of the bed that now directly hits all 3 trees. Not sure of future consequences, but noted. When I was on site I also probed all the trees that we planted and as all the root balls were wet / moist, the dead tree was overly saturated / basically mud which also indicates too much water. With all the information about tree care / best practice watering available to ****** they clearly did not follow any guidelines and with my personal observations, I stand behind our policy of not being able to warranty this tree on the basis of not normal care / conditions. This tree received completely different watering habits / care than any other new tree that we planted, and this is the exact one that has died. Being a BBB Accredited member since 1993 in good standing, you can see that we work hard to honor our customers, and ***** was not any different, we worked very diligently and fairly for them and unfortunately this situation is beyond our control, I hope this accurate explanation resolves this complaint. Consumer Response /* (3000, 8, 2021/07/11) */ (The consumer indicated he/she DID NOT accept the response from the business.) The board members of ***** do not accept Mr. B********* explanation of why he will not replace the pine tree Lawns of Distinction planted that is now dead. The reasons are as follows: 1. Mr. B******* stated that the plants came with a 1-year warranty under "normal conditions." He does not now and did not then explain what normal conditions are, and he gave no specific care instructions after the planting was completed. He voiced no concern at the outset about the effects of a typical lawn irrigation system on a newly-planted tree. No association members remember hearing his saying about killing a tree by under watering or over watering. He seems to imply that because we have access to the internet, we have perfect information about how to care for a pine tree. 2. With that said, the homeowners in charge of caring for the trees have experience in such matters and understand the basics of landscape maintenance. Prior to this project, similar trees stood in the exact same location successfully for 25 years. The new trees were planted in September 2020 during moderate drought conditions. Michigan experienced a drier-than-average winter and the spring saw further drought conditions, which have only recently abated. It's inconceivable that a large pine tree planted at that time could be watered to death. 3. We dispute the claim that this tree was cared for differently than any of the other plants, and of the dozens of new trees, flowers, and shrubs installed at both entrances, the pine tree is the only one that did not survive. There are two identical trees next to the one that died and those are perfectly healthy. Obviously Mr. B********* brief visit to the location, when the sprinklers were running, does not give him an exact picture of "what was going on." The sprinkler head in question was not added until after the system was shut down for the winter and did not run at all until spring. The tree had already begun to show signs of yellowing last fall a few months after planting, but the homeowner hoped that the tree was just adjusting to its new location. 4. Mr. B********* claim that "there are 2 ways to kill a tree, not enough water or too much water" is factually inaccurate. Trees may be improperly planted, mulch may be put too close to the collar of the tree, the tree may be diseased to begin with, or the shock of being planted may kill a tree. Any of these or other conditions may have been present, regardless of how the tree was watered. There is no way to know exactly what killed the tree, no matter how certain Mr. B******* says he is that it was due to over watering. 5. Mr. B******* mentions "************" haphazardly in his response. ************ is commonly referred to as needle cast, which is a fungal disease and has no relation to over watering. If he is indicating that the tree died from ************, then the tree was dying when it was planted as needle cast is a slow, progressive naturally-occurring disease and the tree's death should be covered by the warranty. ***** therefore requests that Mr. B******* and Lawns of Distinction honor the warranty and replace the tree. Business Response /* (4000, 15, 2021/07/26) */ ***Document Attached*** To Whom it may concern, I received and read******** response. As I have responded before, we installed******** landscape with great care and professionalism, and these trees were no different. It is my firm belief that this tree died from its care ( maybe not intentional, but a result ). There are many sources of information regarding tree care and whatever we did or did not say doesn't change what happens after we leave any site. It is very conceivable and factual that over watering a tree can be fatal. The tree was absolutely cared for differently because of the rotor sprinkler head with in 13ft of the trunk, ( 9ft to the branches ) no other tree has a sprinkler head that close and in******** words " those trees are thriving " ( See attached plan with approx. head locations besides the one in question ). This is an unfortunate situation, but given the information, it is still our stand that we cannot replace this tree under warranty. Consumer Response /* (4200, 17, 2021/07/28) */ (The consumer indicated he/she DID NOT accept the response from the business.) ***** finds Mr. B********* rebuttal to our complaint unsatisfactory. We stand by our reasoning and reassert that even something installed "with care and professionalism" can be a faulty product. As stated previously, the tree in question began to show signs of decline not long after it was planted and before the sprinkler system was turned on. Since the installation, LOD's service has certainly lacked professionalism and they have failed to make a good faith effort to resolve this issue. They have merely sought to place blame on anyone but themselves. ***** still believes the loss of this tree falls under LOD's one year warranty and that they should be responsible for replacing it. Consumer Response /* (-5, 18, 2021/07/28) */ ***Document Attached*** I have attached a picture of the entrance and the dead tree in question.

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