Clippings by raizencain

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RE: Bad Contractor (Follow-Up #34)

posted by: raizencain on 10.01.2011 at 05:23 pm in Home Disasters Forum

i hired a landscaper to replace some concrete stones with pavers around my pool. my yard was overtaken with weeds from neglect by my inability to maintain at the age of 63. i wanted the landscaping and pavers to require minimal maintenance. i was so stupid in believing the company "professional" who recommended the area sixe of the new pavers to be installed and recommended what and where plants should go. i relied on his judgement for the type of blocks used for a retainer wall at one end of the pool and the installation of the drainage since the old would be ripped out. From the very beginning nothing was installed as originally planned. There was no real work order that was drawn, only a statement for the proposed work. I never signed any agreement nor did he request my signature to allow the work. The retainer wall was installed 2 inches higher than what I wanted. Pavers were suppose to extend out to and over the retainer wall. Drainage was suppose to prevent the puddling of water on the new pavers so they would not dislodge or have sand washed away from underneath.
A walkway was suppose to be treated with pre-emergent for weed growth, covered with weed fabric, and 3-4 inches of mulch on top of that. This was a temporary solution to prevent weed growth until I could financially address that area with a permanent solution. I already had a lot of unused rocks in a rockpile at a far end of the yard so the landscaper suggesting to stack the rocks along the fence and ontop of the weed fabric to prevent the mulch from washing away under the fence. The items listed on the proposal consisted of sq. ft. for pavers, amount of mulch to order, plants to install, drainage, and size of retainer wall. During the paver installation, the workers ran out so an additional pallet was ordered. Workers again ran out of pavers and couldnt cover the top of the retainer wall which was already built 2 inches higher than proposal stated. The landscaper told the workers he would not order another pallet of paver and didn't care what they did but to make it work. So now I was faced with buying additional material to cover top of wall with caps, and the area that was suppose to get pavers now got filled in with extra plants and mulch.
The dirt that was removed for the paver foundation was never hauled off according to the proposal, but dumped in piles of hills 2-5 inches high throughout my back yard. The pavers were either installed 2 inches below ground level or the ground level was raised 2 inches higher from all the dirt dumping. The rocks were never installed along the fence wall as promised and more weed growth than I care to mention was occuring within 2 weeks of the "finished job". The company was paid in full before I realized all the things that were done incorrectly. When it rained all the mulch, sand, rocks and debris were washed into my pool. I tried contacting the company but none of my calls were ever answered nor returned from all the voicemail messages I left. I sent snapshots via cell phone so they could see what was happening and still no response. After 2 weeks of them ignoring my calls, I realized they took the money and ran. I put all the charges on my credit card (don't know why i chose that method to pay cuz in the past have always paid for things like that by check). I called my credit card company to dispute the charges. Every week I faxed my credit card company with an updated statement advising I was still disputing my charges and each statement I sent they forwarded copies to the business. The company gave no response to me or the credit card company. After 3-4 weeks of updating and faxing statements, I was required to provide the credit card company with a signed statement from a 2nd merchant on official business letterhead paper explaining in high detail what was not completed or completed incorrectly along with the cost to complete or repair using the work proposal for comparison. After the credit card's appraisers analyzed all my reports (nothing to analyze from company since they chose to ignore any contact attempts and providing no information whatsoever), the credit card company adjusting my account for amount that was slightly less than the 2nd opinion and allowed the rest to be paid to the original landscape company (Professional Landscaping). Several days after this credit was given to me and debited to Professional Landscaping, the owner finally decided to respond because now he was short $3,000.00 that was taken from him. Showed up at my doorstep wanting to make it good. I don't want him to touch another thing on my property unless I am forced to do so either by litigation or credit card requirement and was advised by credit card it is now too late for him to fix it. He can only dispute now with proof that my claims are invalid. Soooo today, I get certified mail from Professional Landscaping with a printout of Section713.06 Florida Statutes in reference to property lien of his unpaid work he performed. Yet from what I have read here almost every post indicates "do not pay til you are satisfied with work". How can he file a lien if he did not complete the proposed work. I consider any work with defects to be incomplete also. Sorry such looong post. Hope to see some responses. thanks in advance..

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clipped on: 10.01.2011 at 05:26 pm    last updated on: 10.01.2011 at 05:26 pm