Cumberland Valley Tree Service, Inc.

Problems as
stated:
Lawn
Seeding/Repair
Masonry
Work
Replacement Plants
Please find
attached the signed Landscape Proposal (signed by both homeowners)
Initial
Contact with clients began in October
Correspondence,
meetings, site visits and product selections
were negotiated for several months
until a final contract was proposed on 2/17/
Contract
with terms and conditions were agreed upon and on 2/27/and a deposit of $12,was retained
The proposed
work began in mid April
and another deposit was of $12,was retained on 4/30/
Work was
completed and final billing of $17,was sent to clients on 5/9/
Please see
attached photos taken directly after project was completed to see the nature in
which the worksite was left, noting specifically the lawn seeding
On 5/22/clients email
designer stating they have minor concerns (regarding the lawn seeding) and
request a meeting to discuss additional lighting and spraying of weeds
Designer
meets clients at their property on 5/27/
Final
payment of $17, is received in our office on 5/30/This payment is $less as
per our designer’s discretion, since the clients are not pleased with lawn’s
progress
Designer follows
up with an email on 6/3/
with pricing for additional lighting and scheduling for weed spraying, creating
mulch rings around trees, and reseeding the lawn area for a second time
The second lawn reseeding and additional
work was completed on 6/7/
(Even though the signed proposal states that lawn installations are not
guaranteed, we elected to make a second attempt at the lawn in order the please
the clients.)
On 10/8/our Designer emails the clients the following:
Hi guys,
I hope this email finds you wellI have been checking your
lawn periodically throughout the fall and see that it has not come in as I had
hopedI spoke with our landscape manager to discuss a plan as how to finalize
the issueHere are the options that we came up with:
1) We will waive the final payment
allowing you to repair your lawn as you see fit
2) We do one more attempt at seeding
and adding topsoil at which point we will bill for the remainder of your
landscaping project
The total we would be billing would be $340.34. If you
would like to discuss this with me or have another way in which you would like
to proceed please feel free to call me on my cell anytime
On a side note, all the plant materiel looks great! If you
would like to get on our spring cleanup schedule for edging, mulching and
weeding please let me know
Thanks and I hope to hear from you soon
NOTE: This
email allows the client to choose either foregoing final payment, or if they so
choose, we will come for a third attempt
to reseed the lawn area(Even though the signed contract states that lawn
seeding/installation is not guaranteed and this would be our third time at no additional
cost to them.)
Client replies on 10/23/as follows:
I was supposed to reply to you but I was busy with some
work-related stuff and hadn't had time to check this email accountIf we went
for offer #2, what exactly will this process entail?
I don't know anything about landscaping but what I can observe is
that the patches that look "grass psoriasis" do not have real soil in
themIt is all broken stonesIn my opinion, adding just topsoil on top of
this bed of "crushed" stones won't workWill it be possible to
scrape off all that area and rebuild the soil bed, so new grass can freely
grow? If that's feasible, how much will it cost us?
I look forward to hearing from you.Designer replies on 10/30/as follows:
I’m also very busy at work so I understand completely! If you
would like to have us seed the areas in question, we would do exactly what you
describeWe would rototill the spots to remove weeds and stones and then add
in new soilStraw would be shaken over top of the areas to retain moistureIf
this is what you would like us to do please let me know
As for the cost, I would just bill the remainder of the
original contract which is $
Let me know how you would like to proceed.Client
replies on 11/8/as follows:
Thank you for your
messagePlease go ahead with the projectWe hope that the grass will grow as
it should be and that the front area of the garden will have an even
"sheet" of grass.Due to the fact that the clients have elected to go with
the third reseeding of the lawn
area, our designer consults with our Landscape Manager and
he then replies to
the clients via email on 11/10/
as follows:We are hoping to send a
crew your way tomorrow and try to address the turf areas in the front yard one
final time. This is a bit out of the ordinary due to the fact we do not
guarantee turf installations but we do value your business and would like to
make every effort possible to make you both happy with all aspects of your
project. We are currently on a job that required sod installation and we
are hoping to have a bit left over that we may be able to work into your lawn
as well. This will require water a few times a week if Mother Nature is
not providing ample moisture.We hope you will find our
efforts more than meet our contractual agreement as well as your expectations
and we will be billing you for the final amount $after our visit
tomorrow. Seeding and lawn installations unfortunately are always an
investment in time and effort well beyond the initial installation and for this
reason we have never guaranteed an outcome…….results are affected by countless
variables and in many cases turf requires multiple years of effort to restore
to its original condition after heavy construction traffic
Thanks for your continued
business and understanding,11/10/Clients
contact designer and opt to wait until spring for the third reseeding effort.Designer
replies 11/11/as
follows:
Sounds goodAt this point
in the season I’m going to put you on our spring scheduleSince this is our
last stab at repairing your lawn I would like to have Mother Nature on our
sideThe chance of the grass germinating is slim and I would prefer to have
bare areas in your front yard for several monthsI will be in touch in March
to let you know when we will be thereHave a great holiday season and I will
see you soon.11/27/Client replies as follows:
Thank you for your message
That's fine with usPlease keep us posted
Happy Holiday Season to you
tooNOTE: At this point everyone is fine with
waiting until the Spring to try lawn reseeding for the third time.4/21/Client emails designer:
Hope this message finds you
wellNow the weather is getting better, we are wondering when your crew can
work on the improvement job as agreed back in NovemberJust you know,
some of the stones from the addition to the porch have fallen off.NOTE: This is the first time we are made aware
of any issues with the masonry work/stone veneer. Complaint states that masonry work crumbled
after months. At this point it has
been months since the initial installation and it is the first time we are
hearing about itOur contract states that we guarantee our workmanship for
years on hardscape installations, so it is well within reason to expect us to
repair the stone veneer. As cited from
here on, we never dispute this issue as alleged by the client.4/22/Designer
replies:
Actually I was going
to email you later in the week and let you know we are planning on being there
next week to seed the lawnThanks for the heads up about the stone, we will
take care of that as well
I will also have the guys
take a look at the plant material to see if any replacements are needed to be
scheduled.4/22/Client
replies:
Thank you for your quick
replyPlease let me know if you need any of us to be there when your crew
comes to the houseThis wayWe will schedule going to the office accordingly
Thanks againOn 4/29/our crew completes a
repair to the stone work and reseeds the troubled lawn area for the third time.On 5/5/final billing was sent for the
remaining balance of $The amount reflects the amount withheld from the
final billing of the landscape project in the spring of as mutually agreed
upon by both the designer and the clients in November 2014.On 5/9/the Client sends the following email to the designer:
I thought I should let you
know that by now, after almost two weeks, there is no sign of grass growing in
the areas that your crew worked onIn addition, Tinspected some of the
plants and he said that half a dozen are dead (or dying)Meanwhile, we got a
bill for $Will it be possible for you personally to come to the house
and check out this situation? We don't want to be difficult customers, but
we think we haven't got the desired outcome with something as simple as the
grass (and some plants) yet we have been requested to pay off the bill
Next week, I can make
myself available on Wednesday, Thursday or Friday between 9:am to noon
Please let me know
ThanksOn 5/12/our Landscape Manager sends the following
response to the clients: Our designer has expressed to me multiple times your
dissatisfaction with our attempts at reseeding your lawn and I wanted to take
this opportunity to express our stance on lawn installations even though I know
our designer has repeated this to some degree. We do not contractually
guarantee any lawn installations large or small. I have been in the
industry 20+ years and despite what many individuals believe, turf grass
establishment and maintenance is an area of the industry that many homeowners
repeatedly fail. Installing the lawn or seeding the lawn is only a small
fraction of what determines a successful lawn installation. In fact, I
would venture to say that it is 75% of a lawns success depends on how watering,
fertilization and weed control is handled after the installation …….water,
water and more water…..consistent moisture is most typically the failing
point. With that said it has not rained significantly since we last did
your lawn repair and unless you have been watering every day I wouldn’t expect
to see much if any germination. This has turned into one of our driest
springs and the last two and half weeks have been unseasonably warm.
I know this is the
third time we have attempted to re-seed your lawn. I visited your
landscape multiple times last season in an attempt to better determine what was
occurring and I feel both our designer and our company have gone above and
beyond to ensure success with your lawn establishment. With this said I
also feel we have more than fulfilled our contractual obligations with our
initial landscaping agreement from which you are still withholding
payment. I have attached the limited warranty statement from your
original contract below to highlight the fact lawn installations are not guaranteed……despite
the fact we have attempted three times to re-seed your lawn at our expense
As a company we will
be happy to replace any plants that have failed to make it through the winter
and our designer will certainly work with you in that respect. I also
have spoken with our designer about the stone veneer failure this winter and
have spoken with numerous masons about the issue. Again, our designer will
work with you in that respect and I have authorized him to replace all the
veneer with a different product if necessary to rectify the problem
As a Division Manager
I am very proud to represent a company which goes above and beyond to stand
behind its work and I feel we have done this throughout your project. I
would hope you understand I must require full payment at this point for
services rendered. After payment has been received, we would be happy to
discuss the plant replacements required as well as addressing the durability of
the stone veneer installation
CONTRACTORS LIMITED
WARRANTY
PLANTING WARRANTY
There is a onetime
replacement guarantee on plant material lost within one year of installation,
provided that the plants have received proper care and sufficient waterLawn installations are not guaranteed
HARDSCAPE WARRANTY
Hardscape installations have
a five year guarantee on workmanship only. Natural stone installations
are guaranteed for one year. This guarantee does not cover any
pre-existing site conditions beyond the control of Cumberland Valley Tree
Service. (i.eun-compacted subsoil on new construction sites, subsoil
compacted at improper rates, and or buried site debris……each of these instances
may lead to unexpected settlement in hardscape surfaces) This guarantee
also does not cover any modifications or alterations to the hardscape which may
be made by homeowners and/or additional contractors not working in conjunction
with Cumberland Valley Tree Service. (i.edisruption of base material
surrounding patio, removal of pavers to facilitate additional construction
materials, anchoring materials to paver surface….each to these instances may
lead to failure to portions or entire hardscape) Materials used in construction
of hardscapes are only covered by manufacturer’s warranties(These
manufacturer warranty policies may vary.)
All guarantees are
non-transferable, applying only to the original contract holder
Thanks
for your understandingOn 5/15/the Client replies to the email as follows:
Thank you so much for your
message which provides some context helping us clarify (and understand)
the whole situationYou will receive final payment shortly, so the plants that
need work on can be taken care of
Thanks again5/26/
At this point, the client thanks us for our
explanation
We have now reseeded the lawn three times
(even though the signed contract states that lawn installations are not
guaranteed)
We have made a repair to the failing wall stone and state
that we indeed are willing to replace it all if necessary
The client promises payment in full, and we agree to
come back and replace any dead plants as per our one year warranty as stated in
the signed contract.
It is our understanding that we are on good terms
We are shocked that a complaint has been filed with
the Revdex.com!
The clients’ state that they have contacted us on
three occasions and that we refuse to make the situation right
Based on the information enclosed in this response,
we believe that this is unfair and inaccurate
On every occasion when the client contacted us with
a concern or question, it has been addressed promptly and professionally and in
accordance with the terms and conditions cited in the signed landscape
contract
In addition, we have also responded to the clients directly
upon receipt of the Revdex.com complaint that was filed. 5/28/our Landscape Manager’s direct response to the client:
I understand that after J,’s
last email response, you have filed a complaint with the Revdex.com
regarding the veneer, replacement plants and turf areas. I thought we had
come to an amicable agreement in which both parties would achieve satisfaction,
however after reviewing your latest comments to the Revdex.com, I
feel that there has been some miscommunication on my part of our intentions
As I stated in the email
below Cumberland Valley Tree Service will be more than happy to replace any
plants that have not survived the winter. The nandina (heavenly bamboo)
were particularly hard hit the past two winters and our designer and I are more
than capable of recommending a few substitutes in case we have another below
average winter. Also I wanted to again reiterate our desire to replace
the veneer stone that was hung on your wall under the hardscape as it failed
during the winter. Our designer and I discussed this at length and feel
that the product just had to broad of a surface area to properly adhere to the
curvature of the front porch. Furthermore the product does not utilize a
grout joint which in our northeastern climate prevents moisture from getting
behind the veneer and easily dislodging it with freeze and thaw action. I
simply feel it was just the wrong use of the product and I have always been
fully prepared to rectify the situation with a permanent solution
It has never been our
intent not to address these issues and I would hope we could set a time to meet
next week with both of you to pick a new veneer product, identify all
replacement plants and to define the area of lawn repair with clear parameters
(as I have been authorized by the general manager of the company to attempt to
re-seed one more time). Both our designer and myself are available from
7am-4:30pm Monday, Wednesday and Thursday of next week. Please let me
know if you would be available at any of these times for a walk through of your
landscape and we will schedule replacements and repairs to occur as soon as
materials would allow
Thanks for your cooperationOn
6/1/the Client replies as follows:
Our electric and
internet has been out of service since Saturday. Let's plan on 7:
Wednesday to review the situation. On 6/1/our Landscape Manager replies:
7:am should work
fine. Both our designer and I will be present at the appointment. I
will be attending just to make sure items that need attention are clearly
defined and quantifiable, just so we can move forward with an action plan as
soon as possible. Our designer is gathering some stone veneer samples
that we believe will rectify the winter issues we had with the current
product…..once a replacement has been picked we can order the material.
We will also discuss the turf and identify all replacements that need to occur
Thanks6/2/
In
closing,
It
is clear that we have addressed and continue to work with the clients on any
and all of the disputed claims
The
desired settlement was for us to finish the jobThe proposed work was finished,
billed, and paid by the clients in May of
The
remaining balance of $was held until Spring when a third reseeding
was requested, at which time we also made a repair to the stone work
We
have scheduled an appointment for the clients to select a new stone product to
be used to replace the entire wall area if they desire and we are willing to do
this at no extra charge as stated in our 5/12/response, as per our year
workmanship warranty on hardscaping
We
have scheduled an appointment to choose replacement plants as per our one year
warranty and will allow the clients’ to select the new hardy replacement plants
We
are going to re-seed the lawn for a fourth
time at no additional cost to the client, even though our contract states
that lawn installations are not guaranteed
The
desired outcome/settlement expected by the client is immediate action and a finished
job with a two year warranty
We
are and have adhered to the conditions and warranties within our contract,
meeting and or exceeding those terms
We
have never disappeared nor evaded our relationship or communication with these
clients, as alluded to in the complaint
It
is our hope, that this detailed response displays our commitment to our
profession and our clients

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed as Answered]
Complaint: ***
I am rejecting this response because:Please look at their attachment The invoice attached is not a zero balance invoice It is the same invoice from September So far then the company has not actually offered a settlement for me to agree to
Regards,
*** ***

Please see attached the zero balance invoice for the client's record

Problems as
stated:
1. Lawn
Seeding/Repair
"Segoe UI",sans-serif; font-size: 8.5pt;">2. Masonry
Work
3.
Replacement Plants
Please find
attached the signed Landscape Proposal (signed by both homeowners)
Initial
Contact with clients began in October 2013.
Correspondence,
meetings, site visits and product selections were negotiated for several months
until a final contract was proposed on 2/17/14.
Contract
with terms and conditions were agreed upon and on 2/27/14 and a deposit of $12,326.67 was retained.
The proposed
work began in mid April
2014 and another deposit was of $12,326.67 was retained on 4/30/14.
Work was
completed and final billing of $17,840.34 was sent to clients on 5/9/14.
Please see
attached photos taken directly after project was completed to see the nature in
which the worksite was left, noting specifically the lawn seeding.
On 5/22/14 clients email
designer stating they have minor concerns (regarding the lawn seeding) and
request a meeting to discuss additional lighting and spraying of weeds.
Designer
meets clients at their property on 5/27/14.
Final
payment of $17, 500.00 is received in our office on 5/30/14. This payment is $340.34 less as
per our designer’s discretion, since the clients are not pleased with lawn’s
progress.
Designer follows
up with an email on 6/3/14
with pricing for additional lighting and scheduling for weed spraying, creating
mulch rings around trees, and reseeding the lawn area for a second time.
The second lawn reseeding and additional
work was completed on 6/7/14.
(Even though the signed proposal states that lawn installations are not
guaranteed, we elected to make a second attempt at the lawn in order the please
the clients.)
On 10/8/14 our Designer emails the clients the following:
Hi guys,
 I hope this email finds you well. I have been checking your
lawn periodically throughout the fall and see that it has not come in as I had
hoped. I spoke with our landscape manager to discuss a plan as how to finalize
the issue. Here are the 2 options that we came up with:
1)      We will waive the final payment
allowing you to repair your lawn as you see fit.
2)      We do one more attempt at seeding
and adding topsoil at which point we will bill for the remainder of your
landscaping project.
The total we would be billing would be $340.34.  If you
would like to discuss this with me or have another way in which you would like
to proceed please feel free to call me on my cell anytime.
 On a side note, all the plant materiel looks great! If you
would like to get on our spring cleanup schedule for edging, mulching and
weeding please let me know.
Thanks and I hope to hear from you soon.
 NOTE: This
email allows the client to choose either foregoing final payment, or if they so
choose, we will come for a third attempt
to reseed the lawn area. (Even though the signed contract states that lawn
seeding/installation is not guaranteed and this would be our third time at no additional
cost to them.)
 
Client replies on 10/23/15 as follows:
I was supposed to reply to you but I was busy with some
work-related stuff and hadn't had time to check this email account. If we went
for offer #2, what exactly will this process entail?
I don't know anything about landscaping but what I can observe is
that the patches that look "grass psoriasis" do not have real soil in
them. It is all broken stones. In my opinion, adding just topsoil on top of
this bed of "crushed" stones won't work. Will it be possible to
scrape off all that area and rebuild the soil bed, so new grass can freely
grow? If that's feasible, how much will it cost us?
I look forward to hearing from you.
Designer replies on 10/30/14 as follows:
 I’m also very busy at work so I understand completely! If you
would like to have us seed the areas in question, we would do exactly what you
describe. We would rototill the spots to remove weeds and stones and then add
in new soil. Straw would be shaken over top of the areas to retain moisture. If
this is what you would like us to do please let me know.
 As for the cost, I would just bill the remainder of the
original contract which is $340.34.
Let me know how you would like to proceed.
Client
replies on 11/8/14 as follows:
Thank you for your
message. Please go ahead with the project. We hope that the grass will grow as
it should be and that the front area of the garden will have an even
"sheet" of grass.
Due to the fact that the clients have elected to go with
the third reseeding of the lawn
area, our designer consults with our Landscape Manager and
he then replies to
the clients via email on 11/10/14
as follows:
We are hoping to send a
crew your way tomorrow and try to address the turf areas in the front yard one
final time.  This is a bit out of the ordinary due to the fact we do not
guarantee turf installations but we do value your business and would like to
make every effort possible to make you both happy with all aspects of your
project.  We are currently on a job that required sod installation and we
are hoping to have a bit left over that we may be able to work into your lawn
as well.  This will require water a few times a week if Mother Nature is
not providing ample moisture.
We hope you will find our
efforts more than meet our contractual agreement as well as your expectations
and we will be billing you for the final amount $340.34 after our visit
tomorrow.  Seeding and lawn installations unfortunately are always an
investment in time and effort well beyond the initial installation and for this
reason we have never guaranteed an outcome…….results are affected by countless
variables and in many cases turf requires multiple years of effort to restore
to its original condition after heavy construction traffic.
Thanks for your continued
business and understanding,
11/10/14 Clients
contact designer and opt to wait until spring 2015 for the third reseeding effort.
Designer
replies 11/11/14 as
follows:
Sounds good. At this point
in the season I’m going to put you on our spring schedule. Since this is our
last stab at repairing your lawn I would like to have Mother Nature on our
side. The chance of the grass germinating is slim and I would prefer to have
bare areas in your front yard for several months. I will be in touch in March
to let you know when we will be there. Have a great holiday season and I will
see you soon.
11/27/14 Client replies as follows:
Thank you for your message.
That's fine with us. Please keep us posted.
Happy Holiday Season to you
too
NOTE: At this point everyone is fine with
waiting until the Spring 2015 to try lawn reseeding for the third time.
4/21/15 Client emails designer:
Hope this message finds you
well. Now the weather is getting better, we are wondering when your crew can
work on the improvement job as agreed back in November. Just you know,
some of the stones from the addition to the porch have fallen off.
NOTE: This is the first time we are made aware
of any issues with the masonry work/stone veneer.  Complaint states that masonry work crumbled
after 6 months.  At this point it has
been 11 months since the initial installation and it is the first time we are
hearing about it. Our contract states that we guarantee our workmanship for 5
years on hardscape installations, so it is well within reason to expect us to
repair the stone veneer.  As cited from
here on, we never dispute this issue as alleged by the client.
4/22/15 Designer
replies:
Actually I was going
to email you later in the week and let you know we are planning on being there
next week to seed the lawn. Thanks for the heads up about the stone, we will
take care of that as well.
I will also have the guys
take a look at the plant material to see if any replacements are needed to be
scheduled.
4/22/15 Client
replies:
Thank you for your quick
reply. Please let me know if you need any of us to be there when your crew
comes to the house. This way. We will schedule going to the office accordingly.
Thanks again
On 4/29/15 our crew completes a
repair to the stone work and reseeds the troubled lawn area for the third time.
On 5/5/15 final billing was sent for the
remaining balance of $340.34. The amount reflects the amount withheld from the
final billing of the landscape project in the spring of 2014 as mutually agreed
upon by both the designer and the clients in November 2014.
On 5/9/15 the Client sends the following email to the designer:
I thought I should let you
know that by now, after almost two weeks, there is no sign of grass growing in
the areas that your crew worked on. In addition, T. inspected some of the
plants and he said that half a dozen are dead (or dying). Meanwhile, we got a
bill for $340. Will it be possible for you personally to come to the house
and check out this situation? We don't want to be difficult customers, but
we think we haven't got the desired outcome with something as simple as the
grass (and some plants) yet we have been requested to pay off the bill.
Next week, I can make
myself available on Wednesday, Thursday or Friday between 9:00 am to noon.
Please let me know.
Thanks
On 5/12/15 our Landscape Manager sends the following
response to the clients:
 Our designer has expressed to me multiple times your
dissatisfaction with our attempts at reseeding your lawn and I wanted to take
this opportunity to express our stance on lawn installations even though I know
our designer has repeated this to some degree.  We do not contractually
guarantee any lawn installations large or small.  I have been in the
industry 20+ years and despite what many individuals believe, turf grass
establishment and maintenance is an area of the industry that many homeowners
repeatedly fail.  Installing the lawn or seeding the lawn is only a small
fraction of what determines a successful lawn installation.  In fact, I
would venture to say that it is 75% of a lawns success depends on how watering,
fertilization and weed control is handled after the installation …….water,
water and more water…..consistent moisture is most typically the failing
point.  With that said it has not rained significantly since we last did
your lawn repair and unless you have been watering every day I wouldn’t expect
to see much if any germination.  This has turned into one of our driest
springs and the last two and half weeks have been unseasonably warm. 
I know this is the
third time we have attempted to re-seed your lawn.  I visited your
landscape multiple times last season in an attempt to better determine what was
occurring and I feel both our designer and our company have gone above and
beyond to ensure success with your lawn establishment.  With this said I
also feel we have more than fulfilled our contractual obligations with our
initial landscaping agreement from which you are still withholding
payment.  I have attached the limited warranty statement from your
original contract below to highlight the fact lawn installations are not guaranteed……despite
the fact we have attempted three times to re-seed your lawn at our expense.
 As a company we will
be happy to replace any plants that have failed to make it through the winter
and our designer will certainly work with you in that respect.  I also
have spoken with our designer about the stone veneer failure this winter and
have spoken with numerous masons about the issue.  Again, our designer will
work with you in that respect and I have authorized him to replace all the
veneer with a different product if necessary to rectify the problem.
As a Division Manager
I am very proud to represent a company which goes above and beyond to stand
behind its work and I feel we have done this throughout your project.  I
would hope you understand I must require full payment at this point for
services rendered.  After payment has been received, we would be happy to
discuss the plant replacements required as well as addressing the durability of
the stone veneer installation.
CONTRACTORS LIMITED
WARRANTY
PLANTING WARRANTY
There is a onetime
replacement guarantee on plant material lost within one year of installation,
provided that the plants have received proper care and sufficient water. Lawn installations are not guaranteed.
HARDSCAPE WARRANTY
Hardscape installations have
a five year guarantee on workmanship only.  Natural stone installations
are guaranteed for one year.  This guarantee does not cover any
pre-existing site conditions beyond the control of Cumberland Valley Tree
Service.  (i.e. un-compacted subsoil on new construction sites, subsoil
compacted at improper rates, and or buried site debris……each of these instances
may lead to unexpected settlement in hardscape surfaces)  This guarantee
also does not cover any modifications or alterations to the hardscape which may
be made by homeowners and/or additional contractors not working in conjunction
with Cumberland Valley Tree Service.  (i.e. disruption of base material
surrounding patio, removal of pavers to facilitate additional construction
materials, anchoring materials to paver surface….each to these instances may
lead to failure to portions or entire hardscape) Materials used in construction
of hardscapes are only covered by manufacturer’s warranties. (These
manufacturer warranty policies may vary.)
All guarantees are
non-transferable, applying only to the original contract holder.
 Thanks
for your understanding
On 5/15/15 the Client replies to the email as follows:
Thank you so much for your
message which provides some context helping us clarify (and understand)
the whole situation. You will receive final payment shortly, so the plants that
need work on can be taken care of.
Thanks again
5/26/15
At this point, the client thanks us for our
explanation.
We have now reseeded the lawn three times
(even though the signed contract states that lawn installations are not
guaranteed).
We have made a repair to the failing wall stone and state
that we indeed are willing to replace it all if necessary.
The client promises payment in full, and we agree to
come back and replace any dead plants as per our one year warranty as stated in
the signed contract.  
It is our understanding that we are on good terms.
We are shocked that a complaint has been filed with
the Revdex.com!
The clients’ state that they have contacted us on
three occasions and that we refuse to make the situation right.
Based on the information enclosed in this response,
we believe that this is unfair and inaccurate.
On every occasion when the client contacted us with
a concern or question, it has been addressed promptly and professionally and in
accordance with the terms and conditions cited in the signed landscape
contract.
In addition, we have also responded to the clients directly
upon receipt of the Revdex.com complaint that was filed.  
5/28/15 our Landscape Manager’s direct response to the client:
I understand that after J,’s
last email response, you have filed a complaint with the Revdex.com
regarding the veneer, replacement plants and turf areas.  I thought we had
come to an amicable agreement in which both parties would achieve satisfaction,
however after reviewing your latest comments to the Revdex.com, I
feel that there has been some miscommunication on my part of our intentions.
As I stated in the email
below Cumberland Valley Tree Service will be more than happy to replace any
plants that have not survived the winter.  The nandina (heavenly bamboo)
were particularly hard hit the past two winters and our designer and I are more
than capable of recommending a few substitutes in case we have another below
average winter.  Also I wanted to again reiterate our desire to replace
the veneer stone that was hung on your wall under the hardscape as it failed
during the winter.  Our designer and I discussed this at length and feel
that the product just had to broad of a surface area to properly adhere to the
curvature of the front porch.  Furthermore the product does not utilize a
grout joint which in our northeastern climate prevents moisture from getting
behind the veneer and easily dislodging it with freeze and thaw action.  I
simply feel it was just the wrong use of the product and I have always been
fully prepared to rectify the situation with a permanent solution.
It has never been our
intent not to address these issues and I would hope we could set a time to meet
next week with both of you to pick a new veneer product, identify all
replacement plants and to define the area of lawn repair with clear parameters
(as I have been authorized by the general manager of the company to attempt to
re-seed one more time).  Both our designer and myself are available from
7am-4:30pm Monday, Wednesday and Thursday of next week.  Please let me
know if you would be available at any of these times for a walk through of your
landscape and we will schedule replacements and repairs to occur as soon as
materials would allow.
Thanks for your cooperation
On
6/1/15 the Client replies as follows:
Our electric and
internet has been out of service since Saturday.  Let's plan on 7:30
Wednesday to review the situation. 
On 6/1/15 our Landscape Manager replies:
7:30 am should work
fine.  Both our designer and I will be present at the appointment.  I
will be attending just to make sure items that need attention are clearly
defined and quantifiable, just so we can move forward with an action plan as
soon as possible.  Our designer is gathering some stone veneer samples
that we believe will rectify the winter issues we had with the current
product…..once a replacement has been picked we can order the material. 
We will also discuss the turf and identify all replacements that need to occur.
Thanks
6/2/15
In
closing,
It
is clear that we have addressed and continue to work with the clients on any
and all of the disputed claims.
The
desired settlement was for us to finish the job. The proposed work was finished,
billed, and paid by the clients in May of 2014.
The
remaining balance of $340.34 was held until Spring 2015 when a third reseeding
was requested, at which time we also made a repair to the stone work.
We
have scheduled an appointment for the clients to select a new stone product to
be used to replace the entire wall area if they desire and we are willing to do
this at no extra charge as stated in our 5/12/15 response, as per our 5 year
workmanship warranty on hardscaping.
We
have scheduled an appointment to choose replacement plants as per our one year
warranty and will allow the clients’ to select the new hardy replacement plants.
We
are going to re-seed the lawn for a fourth
time at no additional cost to the client, even though our contract states
that lawn installations are not guaranteed.
The
desired outcome/settlement expected by the client is immediate action and a finished
job with a two year warranty.
We
are and have adhered to the conditions and warranties within our contract,
meeting and or exceeding those terms.
We
have never disappeared nor evaded our relationship or communication with these
clients, as alluded to in the complaint.
It
is our hope, that this detailed response displays our commitment to our
profession and our clients.

Please see attached the zero balance invoice for the client's record.

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
 Complaint: [redacted]
I am rejecting this response because:Please look at their attachment.  The invoice attached is not a zero balance invoice.  It is the same invoice from September.  So far then the company has not actually offered a settlement for me to agree to.  
Regards,
[redacted]