Battaglia's Property Maintenance, LLC

Initial Business Response /* (1000, 14, 2016/03/07) */
Received at Revdex.com via email:
To whom it may concern:
As a responsible business, I firmly believe in bending over backwards to make sure our clients are happy with the work we provide. As a responsible business owner, I firmly believe that I...

have to be responsible for my employees and ultimately, my family's financial well-being. Therefore, while I'm willing to bend over backwards, it's not responsible for it to be at the risk of breaking my own back. Through our relationship with Ryan D[redacted], we have gone above and beyond to walk him through the process of establishing a new lawn at his home. Although not included in our contract, I personally visited his home over a dozen times to check on the progress of his lawn watering. Dozens of texts, phone calls, and emails (usually multiple on the same day) from Mr. D[redacted] relayed nothing short of panic and anxiety on his part that the lawn was not progressing as he hoped. Figuratively, we held his hand and walked him through the process, which once again, was outside of the scope of our installation agreement. Mr. D[redacted] wanted, and expected, instant results from his investment in his lawn. Patients was encouraged, but he was still exasperated with the process.
Countless hours of my own time, labor for several employees, and equipment expenses were directed at making Mr. D[redacted] happy with the project at his property. We did not bill Mr. D[redacted] for any of the additional tasks or changes that he requested, which included tearing down and moving a stone retention wall, re-planting junipers, a sand cherry, and a maple. We also built a fire pit area near the rear of his property and provided an additional slit-seeding process to further thicken the lawn. When I arrived for that process, the surrounding grass was too tall and Mr. D[redacted] had not cut the lawn as requested prior to my arrival. So, to save the expense of yet another return trip, I cut the lawn. Instead of leaving a partially cut lawn and an unfinished look, although that was all I needed to accomplish the task, I cut the whole thing, edged the walks and drive, and blew the clippings. There was no charge.
When initially installing the lawn, which has a steep slope in the back yard, Mr. D[redacted] initially wished to have the grade changed to allow for a flatter area off of the back patio. As a large shelf of sandstone protruded from the center of the back yard, a grade change of that magnitude was not possible. Mr. D[redacted] understood this and we prepared the area around his back patio as best as possible. Of concern, was the area just off the patio where it transitions into lawn. Immediately after installation, Mr. D[redacted] called to state that the water was running onto his patio when it rained. He indicated that the soil was the same height as the concrete. I assured him, as there was approximately 6" of soil in that area, that it would settle and water on the patio would not be a problem. Again, expecting instant results, Mr. D[redacted] insisted on lowering the grade, even after I indicated what he desired would cause a trip hazard between the lawn and the concrete patio. He specifically replied, "I want a trip hazard", and was firm that was what he wanted. The problem was, with the grade off the back of the patio that Mr. D[redacted] wanted would have prohibited run-off to both side of the home. Water would not drain properly without moving a considerable amount of soil and investing several hours with a team of laborers and equipment.
Nonetheless, aiming to please Mr. D[redacted] and hoping to sever any further ties with him, I again returned with a crew to make the changes he requested. We specifically scheduled a time where he could be present to supervise the work. We lowered the grade in the area off the back side of the patio, against my recommendations but in line with his wishes. I then had the crew re-seed the area and we began to pack up to move on to another job. During our clean-up, Mr. D[redacted] said that he was still unsatisfied with the work. Admittedly angry at this point, to which Mr. D[redacted] refers in his email below, I brought out the equipment again and made further changes to meet his specifications. We seeded the area again and my crew left the home.
Mr. D[redacted], as he had done several times in the past, offered to refer our company to neighbors and friends and thanked me for returning to the property. He asked about fertilization and what programs we offered. (I had already applied additional starter fertilizer at no additional charge during the over seeding). Bluntly, but professionally, I informed Mr. D[redacted] that we had no desire to work in the area and that our company would not take on any work in his neighborhood. Mr. D[redacted] was clearly offended and obviously felt insulted, when I explained that I felt he had taken advantage of our willingness to work with our clients and better their properties. He was satisfied with the changes we had just made, although it was against my recommendations, and I left, with the hope of never having to deal with Mr. D[redacted] again.
I have included the below emails, which I address his complaint and concerns. I reiterate that there was NO damage to the patio when we left and that Mr. D[redacted] was present for all of the changes that he requested. Had there been damage, given the extent of his complaints to this point, Mr. D[redacted] would have seen it and insisted that it be corrected. There was, in fact, no damage done by my company to his patio. For a $75.00 proposed repair on his part, most companies would think it worth it to pay the money and be done with the issue. Having dealt with Mr. D[redacted] to the extent that I have, now, I recognize that would not be the case. We are a legitimate business with a high standard of ethics and morals. Had be caused the damage, we would have fixed it. It is wrong that Mr. D[redacted] has chosen to involve the Revdex.com with his unfounded and libelous complaint.
Sincerely,
Brian A. Battaglia
Battaglia's Property Maintenance, L.L.C.
PO Box 2244
Hudson, Ohio 44236
p 330.472.1378
www.battagliaspropertymaintenance.com
From: Ryan D[redacted] (mailto:[redacted])
Sent: Thursday, November 19, 2015 12:24 AM
To: Brian Battaglia
Subject: Re: Fertilizer Quote
You are just writing lies now. We discussed the gash you made on the day you made it. We will settle this with a third party.
Sent from Yahoo Mail for iPhone
On Wednesday, November 18, 2015, 10:07 PM, Brian Battaglia wrote:
Mr. D[redacted],
I have already responded in due course. You were there in person when the changes you requested were made with regard to the grade and soil off of the back edge of your patio. At no point during that process did you indicate that you were unsatisfied. As a matter of fact, against our suggestions and professional opinion, we followed your requested course of action to your exact specifications.
Upon departure of the jobsite on the last day at your property, you reviewed the work that was completed. You did not indicate any issues or concerns with any damage based on the work that you had requested. As you should recall, every step of our process was under your close scrutiny and evaluation. As much as it may displease you, and as much as you may think that you have been wronged, we are not responsible for any damage that may have occurred to your property either before or after our work was completed. We were acting under your direction and at no point acted in the negligent manner where any property could possibly damaged.
We are a professional company and are conscientious of our clients needs, wants, and concerns. We have been more than receptive to every issue that you have brought forth before, during, and after the completion of the contracted work at your property. Should you wish to contend this issue further, we would be more than obliged to bring forth the documentation of the return visits to your home to assist you in addressing your concerns with your property. Is our belief that any rational, impartial, third-party person would understand that we went well above and beyond the services for which you contracted.
Sincerely,
Brian Battaglia
Sent from my iPhone
On Nov 18, 2015, at 20:54, Ryan D[redacted] wrote:
We made it clear that we were unhappy with the grade before you finished the lawn initially. You encouraged us to just to wait as the ground would settle and lower to where we wanted it to be. I believe the timeline will show that we were very patient allowing days weeks and months to go by in between responses from you. Avoiding the area was never your recommendation. You advised us to wait and let it settle. You as well told us several techniques that you could easily execute to remedy lowering the grade of the lawn should it need it. It never settled to a point we desired. It never even settled enough in some areas to allow water to flow off the patio and therefore result in pooling. So yes, we were insistant from the very beginning that we expected a different result to be delivered. But I don't feel we were ever demanding or unfair.
There were never any discussions about how regrading could lead to damage. The only warnings you shared involved how water may flow.
When you did come to remedy the job, you were rushed, short and angry. (Which is not like you typically from what I have seen.) You were trying to move quickly because your staff was going back to college and you had lots to do. And because of that you didn't pay enough attention to the curve of the patio and the machine you were using got too close and put a big gash in it. It sucks. It was an accident. But you should pay for the repair.
It is unfortunate and disappointing that you are choosing this route. I believe you are a better person than the response below shows . I ask that you reconsider before bringing a third party in is needed. Pay for the damage. We part on good terms. Please respond by Friday. If not, I will be pursuing this issue further.
On Wednesday, November 18, 2015 4:37 PM, Brian Battaglia wrote:
Mr. D[redacted],
Regarding your complaint and the issues revolving around your concerns of the grading around the patio area, you were advise numerous times both in person, by text message, and by email that we did not recommend doing any work in that area. We advised you countless times to not embark on any work or changes in that area. At your insistence, persistent pressure, and demands, we undertook the work that you requested. As you supervise the work that we were doing, you specifically requested that we make additional passes in that area to reduce the grading to satisfy your needs.
At no point are we responsible or liable for any damage for the concrete area along your patio, as you were forewarned that there could be issues with changing the grading of the soil along that area. I'm sorry that you are not satisfied with the results of the work that was completed, but you were advised of the potential consequences of work in that area. Should you wish to file any complaint with the Revdex.com or anyone else for that matter, these issues will be highlighted for their review.
Sincerely,
Brian Battaglia
Battaglia's Property Maintenance, LLC.
Sent from my iPhone
On Nov 18, 2015, at 14:51, Ryan D[redacted] wrote:
I have not received any response from you. If you do not communicate your intentions by 11/20/15 I will contact the Revdex.com to help resolve the issue.
Thank You,
Ryan D[redacted]
On Monday, November 2, 2015 11:12 AM, Ryan D[redacted] wrote:
Good morning. I hope you are well.
On August 1 (3 months ago) I sent you the below message by text. I have not received a response. Please let me know how you would like the resolve this matter. I would appreciate communication by 11/9. Thank you.
Ryan D[redacted]
Hi Brian. Regarding the damage your machine did to our patio yesterday (aaa batteries to show scale): you offered to apply a sealer to fix it. I had the company who installed my patio out today to evaluate. They said that is not an appropriate remedy and do NOT put sealer on. They can do a repair cap for about $75. It will never match completely but it's our only option without an extreme/costly approach. How would you like to handle covering the cost? Shall I have them send you an invoice? Would you like to speak with them?