The following was a copy/paste by Revdex.com staff:September 20, 2017 The OHIO VALLEY GROUP, Inc. Revdex.com Attention: Ms. [redacted], Dispute Resolution Specialist 2800 Euclid Avenue Cleveland, OH 44115-2408 Re: COMPLAINT ID NUMBER [redacted] VIA REGULAR UNITED STATES...
MAIL AND EMAIL AT [redacted] Dear Ms. [redacted]: Please accept this letter in response to the complaint with the above-captioned identification number. Ms. [redacted] entered into a contract in or around June 2015 with The Ohio Valley Group for certain landscape and hardscape work, including but not limited to the installation of a stamped concrete sidewalk and a front stoop renovation. This work was performed by The Ohio valley Group according to the contract and Ms. [redacted] was billed for the walkway installation for a total of $2,838.14 and for the front stoop renovation for a total of $2,465.00. Andy D[redacted], president and owner of The Ohio Valley Group met with Ms. [redacted] prior to preparing the quote for the work and gave Ms. [redacted] the option of brick work for the walkway and stoop [as shown on a landscape design prepared by another company]. Ms. [redacted] asked for a less expensive option and Mr. D[redacted] advised her that she could use stamped concrete and, although it is less expensive than pavers, the stamped concrete was subject to cracking and discoloration. All concrete will crack and eventually discolor — especially in Ohio weather. Mr. D[redacted] advised Ms. [redacted] of this and this language is also very clear in Ohio Valley Group's proposal. Specifically, Ohio valley Group states in its contract (g) Concrete and Stamped Concrete- Ohio Valley is not responsible or liable in any way for any blemishes, imperfections, color variations, cracks and/or spauling and/or popping or surface popping and/or discoloration that may occur on the concrete and/or stamped concrete at any time. PLEASE NOTE THAT NO SALT PRODUCTS AND/OR FERTILIZER SHOULD EVER BE LEFT ON THE CONCRETE. See Contract, attached here as Exhibit A, Para. 15 [g]. Ohio Valley Group completed all of the work specified in the contract, including all of the concrete work and Ms. [redacted] paid in full for work with no complaints. Ms. [redacted] did not contact Ohio Valley Group with any complaint about the work it performed until summer of 2017— two years after the work was completed. Moreover, Ms. [redacted] is complaining about the very things she was warned about – both verbally by Mr. D[redacted] and in writing. Furthermore, Ohio Valley Group only warrants its work for one year from the date of installation. See Exhibit A, Psara. 16[c]. This paragraph specifically states "All landscape construction shall be guaranteed for a period of one [1] year from installation except as stated herein. Guarantee shall cover labor and materials but shall not cover normal reactions of materials, such as fine cracks in concrete products or "checking" ow warping of wood products. NO verbal agreements, express or implied, will be honored. All agreements must be in writing. Ms. [redacted]'s complaint is furthermore barred by this specific language. The various other "issues" set forth by Ms. [redacted] in her complaint seem merely set forth to sway opinion to her side. Had these actual issues arisen during the performance of the work, it begs the question as to why they are being brought up two years later and were not mentioned during the performance of the work. In sum, although we are disappointed that Ms. [redacted] is now disappointed with the work that we performed for her, her complaints are specifically excluded by the contractual language regarding both the inherent characteristics of concrete as well the specific warranty limitations set forth in the contract. Moreover, her other complaints about issues during the performance of the job and the period immediately thereafter are specifically barred by the contract and also have no merit given the length of time that has gone by. Please do not hesitate to contact me. - you have any further questions, comments or concerns. Sincerely,Kathleen *. D[redacted]Vice-President and General Counsel The Ohio Valley Group, Inc. enclosure
The following was a copy/paste by Revdex.com staff:September 20, 2017 The OHIO VALLEY GROUP, Inc. Revdex.com Attention: Ms. [redacted], Dispute Resolution Specialist 2800 Euclid Avenue Cleveland, OH 44115-2408 Re: COMPLAINT ID NUMBER [redacted] VIA REGULAR UNITED STATES...
MAIL AND EMAIL AT [redacted] Dear Ms. [redacted]: Please accept this letter in response to the complaint with the above-captioned identification number. Ms. [redacted] entered into a contract in or around June 2015 with The Ohio Valley Group for certain landscape and hardscape work, including but not limited to the installation of a stamped concrete sidewalk and a front stoop renovation. This work was performed by The Ohio valley Group according to the contract and Ms. [redacted] was billed for the walkway installation for a total of $2,838.14 and for the front stoop renovation for a total of $2,465.00. Andy D[redacted], president and owner of The Ohio Valley Group met with Ms. [redacted] prior to preparing the quote for the work and gave Ms. [redacted] the option of brick work for the walkway and stoop [as shown on a landscape design prepared by another company]. Ms. [redacted] asked for a less expensive option and Mr. D[redacted] advised her that she could use stamped concrete and, although it is less expensive than pavers, the stamped concrete was subject to cracking and discoloration. All concrete will crack and eventually discolor — especially in Ohio weather. Mr. D[redacted] advised Ms. [redacted] of this and this language is also very clear in Ohio Valley Group's proposal. Specifically, Ohio valley Group states in its contract (g) Concrete and Stamped Concrete- Ohio Valley is not responsible or liable in any way for any blemishes, imperfections, color variations, cracks and/or spauling and/or popping or surface popping and/or discoloration that may occur on the concrete and/or stamped concrete at any time. PLEASE NOTE THAT NO SALT PRODUCTS AND/OR FERTILIZER SHOULD EVER BE LEFT ON THE CONCRETE. See Contract, attached here as Exhibit A, Para. 15 [g]. Ohio Valley Group completed all of the work specified in the contract, including all of the concrete work and Ms. [redacted] paid in full for work with no complaints. Ms. [redacted] did not contact Ohio Valley Group with any complaint about the work it performed until summer of 2017— two years after the work was completed. Moreover, Ms. [redacted] is complaining about the very things she was warned about – both verbally by Mr. D[redacted] and in writing. Furthermore, Ohio Valley Group only warrants its work for one year from the date of installation. See Exhibit A, Psara. 16[c]. This paragraph specifically states "All landscape construction shall be guaranteed for a period of one [1] year from installation except as stated herein. Guarantee shall cover labor and materials but shall not cover normal reactions of materials, such as fine cracks in concrete products or "checking" ow warping of wood products. NO verbal agreements, express or implied, will be honored. All agreements must be in writing. Ms. [redacted]'s complaint is furthermore barred by this specific language. The various other "issues" set forth by Ms. [redacted] in her complaint seem merely set forth to sway opinion to her side. Had these actual issues arisen during the performance of the work, it begs the question as to why they are being brought up two years later and were not mentioned during the performance of the work. In sum, although we are disappointed that Ms. [redacted] is now disappointed with the work that we performed for her, her complaints are specifically excluded by the contractual language regarding both the inherent characteristics of concrete as well the specific warranty limitations set forth in the contract. Moreover, her other complaints about issues during the performance of the job and the period immediately thereafter are specifically barred by the contract and also have no merit given the length of time that has gone by. Please do not hesitate to contact me. - you have any further questions, comments or concerns. Sincerely,Kathleen *. D[redacted]Vice-President and General Counsel The Ohio Valley Group, Inc. enclosure