Action Tank & Drain Service Inc

As [redacted] stated, we had contract with the previous homeowner, [redacted]. We do not and never have had a contract with current owners, [redacted] and [redacted].  As a licensed contractor, we don't do any work without a written contract....

The first time we heard about the problem the [redacted] are having was August 25th. Within 2 hours of that phone call, we were on site with [redacted] County Health Department.  The [redacted] state that a majority of land was flat until we started receiving a lot of rain. This is not the condition that we left the property from the original contract. We left dirt mounded over the tank and installed a dirt berm to divert water flow. At some point after we completed job for original homeowner, the homeowner had a landscaper come in to rake, reseed and lay straw which affected the grading that we had done. Another contractor was brought in to repair and replace the sprinkler/irrigation lines, placing them overtop and around tank area after being warned not to do so by our company and the [redacted] County Health Department.  In the 3 days prior to tank lifting out of the ground, we had approximately 4 inches of rain which is supported by local weather records. On August 25, we the pumped septic tank at no cost which normally costs $275. Owner states we did not compact ground around tank during installation. Current owner was not the owner of property when tank was installed. He is not a licensed contractor and has never installed a septic tank.  We have installed several of these tanks throughout the years and all were installed according to manufacturers specifications, including the tank at [redacted]. On September 9th, we met on site with a representative from the tank manufacturer and his findings are attached. We have been in constant contact with current homeowner trying to resolve the situation. On September 12,  Action Tank & Drain pumped septic tank again at no cost (normally $275).  Also on September 12, Action Tank & Drain, the current homeowners and [redacted] (w/ [redacted] County Health Department). No work can be done without a permit issued by the [redacted] County Health Department.  We have a new permit in hand. Action Tank & Drain Service submitted a new proposal to the [redacted] which we believe to be fair and reasonable. The problems the new homeowners are having is not due to improper installation or bad workmanship, rather, an act of God or nature which is out of our control. The tank was set too close to the swale on this property, but that's the way the [redacted] County Health Department designed the layout. After several attempts to convince the county to move the tank up the hill, we were told to install the tank where they designed it.  On the newly issued repair permit, the tank is being moved up the hill and away from the swale. 
I have several attachments that I cannot include through my ipad.  I need to send them to support my response.  Please let me know how to do so.  Thank you.

Review: The former owner, [redacted]l, contracted with this company to replace the septic system before our closing date of July 18, invoice of $32,000. The work was done mid-July 2014. Majority of the land was flat until we started receiving a lot of rain in mid-Aug. Initially the land caved in around the tank around Aug. 14. The lining around the pump tank caved in and exposed the rectangle shape of the tank – some gaps were at least 12 inches. We noticed this after coming back from vacation that after all the rain that fell the tank was pushing itself out of the ground. Action Tank came out Aug. 25 to review the situation and considered it an act of God or the hay over the dirt caused flooding. We believe that this is not the case. They did not tap the ground correctly, which caused the dirty around the tank to cave in after it rained. They refuse to correct the problem for free. They said they would come out weekly to pump the septic, but haven't been out since Aug. 25. Action Tank expressed that they will not do this work for free, but instead invoice us for any additional work. This is unjust when the work that was done less than 30-45 days ago. Also, it is very clear that the pump was not installed correctly. The county, [redacted], even expressed that there wasn't enough dirty on top of the pump. He was not there when it was insulted, but based of the gaps this could be a problem with not tapping (compressing) the ground. We have a large tank sticking out of our ground as a result and contractor not wanting to fix the issue. Please help.Desired Settlement: We would like the contractor to reinstall the pump tank again, put enough dirty on top, and tap the ground to avoid the ground caving in and not allowing water to get in under, which causes the pump to float out of the ground as well as anchor it to the ground.

Business

Response:

As [redacted] stated, we had contract with the previous homeowner, [redacted]. We do not and never have had a contract with current owners, [redacted] and [redacted]. As a licensed contractor, we don't do any work without a written contract. The first time we heard about the problem the [redacted] are having was August 25th. Within 2 hours of that phone call, we were on site with [redacted] County Health Department. The [redacted] state that a majority of land was flat until we started receiving a lot of rain. This is not the condition that we left the property from the original contract. We left dirt mounded over the tank and installed a dirt berm to divert water flow. At some point after we completed job for original homeowner, the homeowner had a landscaper come in to rake, reseed and lay straw which affected the grading that we had done. Another contractor was brought in to repair and replace the sprinkler/irrigation lines, placing them overtop and around tank area after being warned not to do so by our company and the [redacted] County Health Department. In the 3 days prior to tank lifting out of the ground, we had approximately 4 inches of rain which is supported by local weather records. On August 25, we the pumped septic tank at no cost which normally costs $275. Owner states we did not compact ground around tank during installation. Current owner was not the owner of property when tank was installed. He is not a licensed contractor and has never installed a septic tank. We have installed several of these tanks throughout the years and all were installed according to manufacturers specifications, including the tank at [redacted]. On September 9th, we met on site with a representative from the tank manufacturer and his findings are attached. We have been in constant contact with current homeowner trying to resolve the situation. On September 12, Action Tank & Drain pumped septic tank again at no cost (normally $275). Also on September 12, Action Tank & Drain, the current homeowners and [redacted] (w/ [redacted] County Health Department). No work can be done without a permit issued by the [redacted] County Health Department. We have a new permit in hand. Action Tank & Drain Service submitted a new proposal to the [redacted] which we believe to be fair and reasonable. The problems the new homeowners are having is not due to improper installation or bad workmanship, rather, an act of God or nature which is out of our control. The tank was set too close to the swale on this property, but that's the way the [redacted] County Health Department designed the layout. After several attempts to convince the county to move the tank up the hill, we were told to install the tank where they designed it. On the newly issued repair permit, the tank is being moved up the hill and away from the swale.