Birch Mountain Earthworks, LLC

Complaint: [redacted] I am rejecting this response because: Revdex.com response to Birch Mountain Earthworks 12/6/ I will not address all of the elements in the latest response from Darren R [redacted] owner of Birch Mountain Earthworks because, quite frankly it was an effort in its entirety to malign and disparage our characterSimply put, my wife and I were looking for a landscape contractor who would give us the type of lawn that we had always hoped forSo we hired an individual who sold us on giving us the quality landscape we desiredThe peculiar thing about our choice is that we received for the most part, what we desired in the quality of work performedHowever, what we did not count on and did not expect, was dealing with an unscrupulous duplicitous businessman, who would do or say anything for a greater profit marginIn my original reply to Birch Mountain regarding our complaint, I addressed all the issues that were outlined in MrR [redacted] ’s reply to our complaintIt is beyond my comprehension to understand why a business would deliberately attack a customer with blatant lies in order to extract a little more profitIt would seem to the average individual that it would not be worth risking a business's reputation by brazenly perpetrating falsehoods against one of the very people whose patronage helps keeps it in businessIn MrR [redacted] ’s last response dated 11/28/ 2017, he even went as low as to fabricate a lie stating that we were looking to get out of paying Connecticut sales taxQuite simply, he submitted a bill for a fixed amount, we agreed to and signed it expecting if anything to pay what was agreed toWe are still stunned by MrR [redacted] ’s presentation of himself as a poor honest businessman who was being maligned by a bad customerNothing can be further from the truth! My wife and I are people of integrityWe will not allow our good name to be dragged through the mud because of an unscrupulous personI do not know how long Birch Mountain has been in business but I do know that its current business practices 2X (as we have experienced), will only serve to bring them down in the endThe practice of the sowing of lies, dishonesty and deceit are seeds that will only produce a corrupted harvestWe will not be bullied or intimidated by Birch Mountain and are willing to take a stand for what we know to be truthful [redacted] Sincerely, [redacted]

Two points of clarification regarding landscaping and drainage First, landscaping was conducted by the homeowner immediately following the retaining wall installation as recommended by BME [redacted] *** Small scrubs were installed using a hand shovel and wheel borrow Second, BME themselves also performed landscaping activities (tree install) at the homeowners property upon completion of the retaining wall [redacted] *** It is worth noting that the landscaping activity conducted by BME was more intrusive than any the homeowner conducted and involved the use of heavy equipment (excavator) immediately adjacent to the section of retaining wall that has collapsed as well as retaining wall drainage piping it is likely that any retaining wall drainage issues were done as a result of BMEs excavation activities Additionally, due to the proximity and depth of the excavation to install the tree, it is possible that the foundation for the retaining wall in this area could have been compromised Included for reference is the original [redacted] product manual that was provided to the homeowner from BME in [redacted] *** Please note illustrations and text on page and page referencing Geogrids as an integral part of the "system" Also, see page referencing specifications from [redacted] ( [redacted] ) It is clear from the literature that the [redacted] always intended to use both companies products ( [redacted] and [redacted] ) in conjunction with one another to create the "system" The use of both of these products in conjunction with one another is also documented throughout [redacted] 's installation Guide [redacted] *** [redacted] has never been mentioned as part of the "system" to the homeowner from BME [redacted] - Insurance company ( [redacted] ) claim denial explanation

I had landscape/sod and plants/shrubs done When the estimate was done DAREN states that sod would be applied on curb area and in front of the houseHe also stated that we would go to the wholesale nursery on *** *** ** to pick out plants/shrubs with a budget of $1800, it could be more or less of this amountWhen it was time for the plants he told me the wholesale place doesn't allow customers just contractorsI didn't like all the plants he had, He refused to disclose how much all the plants cost and that there is no invoice when I asked for itWhen the job was finish I get an email with final cost of an additional $stating he had to do the curb area which was agreed upon and he had to use additional sod for in front of the houseIf there was an issue I should of been told ahead of time and I would of reminded him of our contract/agreement

Complaint: ***
I am rejecting this response because:
The respondents claim about homeowners filing over the drains from the retaining wall is a fictitious fabrication with no basis on fact Beginning with the initial notification and site visit, Birch Mountain Earthworks (BME) had sought to place the responsibility of the wall failure on the product manufacturer *** As a result, the homeowner taking the word of BME and under direct guidance from BME, was in contact with *** on a number of occasions This included passing on construction details from BME directly to *** After reviewing the information presented from the homeowner as directed wholly by BME, the response from *** was that the retaining wall was not constructed according to their specifications In addition, a review of the documentation and illustrations provided to the homeowner by the product manufacturer as well as an examination of the retaining wall post mortum shows the wall was not built in accordance with the ***'s specifications Most notably the failure to use an anchoring system as illustrated in their literature
Also of importance is that the homeowners insurance company, in conjunction with their structural engineer, conducted a separate evaluation and concluded that the retaining wall was not constructed in accordance with prevailing standards and guidelines Quoting that " after a careful investigation of your claim, we have determined that your policy does not afford coverage for the improper design and planning of the wall"In further discussions with the insurance company they specifically stated that upon reviewing the photos of the wall no anchoring system was observed.
Is is worth noting that that given the product manufacturer has stated that the retaining wall failure is not related to a product failure as previously conveyed by BME to the homeowner, that BME is resorting to placing the blame on the homeowner who had nothing to do with the construction or failure of the retaining wall
The homeowner hired BME to correctly design, select and construct a retaining wall and had no role in its construction or failure The homeowner does not possess the knowledge in retaining wall repair and should not be involved in repairing a product in which he did not construct or contribute to its failure In fact, one of the recommendations offered to the homeowner could have caused bodily injury and it is out of good judgment on the homeowners part that that recommendation was not implementedThe remaining options were either temporary measures that would only have prolonged the inevitable collapse of the wall or would have the homeowner bear the full burden to rebuild a wall that should have been constructed correctly in the first place
In reviewing the facts of the case, BME had multiple instances to correct the construction deficiencies and do the right thing, but instead chose to deceive the homeowner, blame the product manufacturer and then deflect blame on the homeowner
Sincerely,
*** ***

About 3-years after the wall was installed *** did some landscaping work in front of the wall and covered over the exit of the drainage pipes from the wall. While doing so he prevented the water from coming out of those pipes. This caused the wall that had no issues, to move to the
point of failure. At the time I did visit the site, I explained to him the impact of what he had done and recommended to immediately clear the pipes out to let the drainage function. We assume that he took our advice or the wall would have fallen over sooner
A few years after that *** called again and I visited with him. He was planning to contact the manufacturer (***) and see if he could get them to pay Birch Mountain to rebuild the wall. In an email *** forwarded to us (that he had sent to ***), he told *** how the work was perfectly done, noted in this email the date in French (aout 2012) that the *** Representative *** *** was onsite to oversee this wall and additionally authorized exactly how to build it during the construction of it
Both *** and Birch Mountain gave recommendations to help reduce the damage caused by *** filling over the drain. To my knowledge *** did not follow any of those recommendations
Additionally, we offered to work with him to help him save cost. This involved options of him doing some of the work as he thought he may try to fix his own mistake.
It is true that we have indicated to *** that we are not at fault because we did not fill over the drains and cause the wall to failHe did

The matter at hand is very simple.  All disputed items can be accounted for very easily.PlantsCustomer states in response they thought it was included at the price they agreed.  It was.  Would one expect to get receipts from a car dealership for what the dealership paid for oil before paying for an oil change?  Also no one told this customer she was going to any vendors to pick out plants.  We can only assume she has us confused with another firm that might do that?  We do not.CobblesThank you for counting 126 of them.  This proves there is more than the 100’ invoiced for.SodMeasuring the sod will prove this charge.  It is clear the customer wanted the areas that were sodded.MulchCalculating the dimensions of the landscape beds will also prove this amount.  The mulch is installed deeply in the initial installation to create a solid base which it is.  Sales TaxFor some reason this customer doesn’t want to pay CT sales tax?  Clearly in writing our proposal calls out “plus sales tax”.There were no materials retained by our company otherwise due this customer.   The work is billed on a unit cost based approach as agreed in our written agreement.  As outlined above, simple measuring will prove that we are only looking to be paid for what we did for them.  Nothing more.  They state on multiple occasions including now that they are satisfied with the work.  As a small family business, we would certainly appreciate being paid in full for the beautiful yard we have given them.

1.  The work was done over a decade ago but we will respond again anyway.
2.  The wall manufacturer had a representative on site directing exactly how the wall was to be built and the wall was constructed exactly as directed.
3.  A single wheel barrow of dirt installed by the home owner over the exit of the drain was sufficient to block it and cause the wall failure.
4.  We did attempt to work with [redacted] to help him with his issues.

Two points of clarification regarding landscaping and drainage.  First, landscaping was conducted by the homeowner immediately following the retaining wall installation as recommended by BME [redacted].  Small scrubs were installed using a hand shovel and wheel borrow.  Second, BME themselves also performed landscaping activities (tree install) at the homeowners property upon completion of the retaining wall [redacted].  It is worth noting that the landscaping activity conducted by BME was more intrusive than any the homeowner conducted and involved the use of heavy equipment (excavator) immediately adjacent to the section of retaining wall that has collapsed as well as retaining wall drainage piping.  it is likely that any retaining wall drainage issues were done as a result of BMEs excavation activities.  Additionally, due to the proximity and depth of the excavation to install the tree, it is possible that the foundation for the retaining wall in this area could have been compromised. 
 
Included for reference is the original [redacted] product manual that was provided to the homeowner from BME in 2003 [redacted].  Please note illustrations and text on page 2 and page 3 referencing Geogrids as an integral part of the "system".  Also, see page 4 referencing specifications from [redacted]).  It is clear from the literature that the [redacted] always intended to use both companies products ([redacted] and [redacted]) in conjunction with one another to create the "system".  The use of both of these products in conjunction with one another is also documented throughout [redacted]'s installation Guide [redacted].  [redacted] has never been mentioned as part of the "system" to the homeowner from BME.
[redacted] - Insurance company ([redacted]) claim denial explanation.

Complaint: [redacted]
I am rejecting this response because:   [redacted]  Complaint and Inquiry Consultant I am going to very briefly attempt to address the many elements of the Birch Mountain Earthworks’ response to our complaint. Birch Mountain: “Every so often in every business there are those unhappy customers who are the one-of-many.   We did a beautiful job for with ongoing approvals from both the customer and her husband.  She wrote to us "I give kudos to your hard working team that did an excellent job with the groundwork and sod!!"” We are not just some disgruntled customers who are picking on a virtuous businessman that has admirably conducted business.  It is very disheartening when you need a good or service and enter into a good faith contractual agreement by placing your trust in a contractor for a substantial amount of money ($12,525), only to find out that they would do or say anything to line their pockets. Daren is trying to label my wife and myself as people who would evade their obligations. In an elaborate spin of partial truths and misrepresentations he has laid out his case. He has done this by first hiding behind the quality of the work that was performed at our home and a complement of my wife’s extending kudos to his team for their expertise, in an email correspondence. First of all, our issue was not the quality of work performed. Our dissatisfaction had to do with his business ethic and practices. The following represents our contention with Birch Mountain Earthworks: 1). The additional unsubstantiated cost of $1,858.83 added to the balance that was submitted for final payment 2). And the cost of goods/materials vs. actual goods/plants received. 3). Finally, his retention of the residual unused materials that was included with the allocated charges for materials. It is our understanding that every aspect of the work that was performed on our property was included in the original scope of services/invoiced amount. We proceeded in good faith that everything that was agreed upon would be performed. In faith, we put down one third of what we were invoiced a couple of months prior to actual work being initiated, and also another third prior to the start of the work. As far as we were concerned the only balance that was due is what we were invoiced ($12,525) less the actual cost of the plants and materials delineated in our signed proposal and not $14,383.83.    Birch Mountain: “We even did extra work for which we didn't charge.”  Daren indicated in his response to you that there was extra work that was performed over and above what was agreed upon. That is indeed not true. A few months prior to the actual work being performed we did a walk through with Daren making it clear to him what we desired. I completed at least a third walk thru with Daren during the process. This was also discussed prior to the work being performed. At no time, did he indicate that there would be a need to deviate from the original invoiced amount and original Scope of Services of the project. Neither did he submit an updated new invoice for our approval and signatures.            Birch Mountain: “The plant allowance of $1,800 was an appropriate budget for this project.  When we originally met together everyone was in agreement as to both the type of plants and their location. When the plants arrived, before we planted, we set them up in their proposed positions.  It was only after the customer approved that we put the plants in the ground.” Daren is exactly right when he said that there was a plant allowance of $1800. There was also a $300 charge to deliver the plants and an $1,750 fee for labor per invoiced amount. My wife was initially told that she would be able to go to the nursery with Daren to pick out the type of plants that she desired for our home. However, once Birch Mountain had initiated the work we were told that the nursery that he bought his plants from did not allow people who were not licensed contractors to pick out the plants. I thought that this was very odd seeing as how Daren had already indicated to my wife that she would be able to choose the plants herself.  It was at this time that we were unsure of what type of plants that we should have, because it was hard to visualize how we should proceed. At that time that Daren had given his suggestions and also indicated that his expertise would satisfy us if we would trust him to choose the plants and configuration. I responded with a sigh of relief by placing my hand on his shoulder and told him to proceed. That part was true.  But I did so believing that it all was included within the budgeted amount for plants and work performed.  Birch Mountain: “Only later did we learn there was a problem.  Had our customer been willing to meet with us we would have again gone over this as well as offered tips for follow-up care and what to expect in the future.”  Daren had been informed throughout the process of what our expectations were. Indeed, being informed on follow-up care is an essential part in a successful landscape plan and we welcome it. However, it has nothing to do will the critical elements of our complaint. Birch Mountain: “Although the customer informed us that she knew plants very well, she did not offer her suggestions.  We assumed that she understood that in late fall the [redacted] we brought for her are out of season and come this spring she will see them in their glory. Two amazing items included in the foundation planting are a [redacted] and a [redacted].  Within the front of the house are many other beautiful plants that both homeowners loved at the time we brought them and set them up for them to see the new layout.”  I am somewhat overwhelmed at the disingenuous nature of Daren. What has the type of plants used have to do with the nature of our complaint?  It is obvious to me that lining his pockets is first and foremost. He hides behind the guise of work performed to justify his ruse of extracting unearned money from the customer. Birch Mountain: “We also put in a  hedge of [redacted].  This substantial hedge instantly changed the entire feel of the front yard.  Just after setting up the hedge to be approved for planting, the customer agreed that it was an amazing change.  The spacing of the hedge is intended for long term health.”  The planting of a hedge was agreed upon prior to any work being performed and was part of the original request for work to be performed on our property it was not an additional request. It was always part of the original scope of services.              Birch Mountain:  “Once we billed no calls were returned.  So we emailed her suggesting a meeting to explain in person.  (We meet with our other customers in person on a regular basis.)  However this customer has refused to meet or return our calls or respond to our detailed explanations.”  Daren's response to our complaint is replete with deception. I do not understand why he would prefer to risk alienating a customer. In the process this would only serve to tarnish the name of his business lost of many prospective future customers from a complete satisfied customer. My wife and I are so alarmed with Birch Mountain that we preferred to limit are interaction with Daren to email correspondence.  Birch Mountain: “Only after many attempts on our part to reach out to these customers did we find this complaint.  We are not sure where our customer is getting her information from but it does not represent what really occurred.  Especially the accusation of a hidden charge.  There was no hidden cost of sod whatsoever of any kind.  The cost, as  is just this customer knew,  was  based on the area the customers asked us to sod. We had agreed in writing that area for sod was 80' x 30' at $3,000. They agreed.” When you contract with someone who has a blatant disdain for integrity, and willing to malign and impugn someone’s veracity without any regard whatsoever it is astounding. We chose to address our complaint/concerns via email in as much as we felt that a meeting in person would have been unproductive. We were being charged an additional cost of $1,858.83, of which we did not sanction verbally, sign off on or understand where it comes from. It is our opinion that Birch Mountain, based upon what we outlined in our response needs to correctly bill us to finalize our business with them.  Birch Mountain: “Later the additional area was discussed when we asked both the husband and wife "Do you want the area between the side walk and the road done in sod?"  their answer was "Yes." They knew the original quote did not include this additional area. The dimensions on our proposal proves this fact.” The scope of the work to be performed was communicated to and agreed to by Daren and agreed upon by my wife and myself before and after the proposal was written, also, prior any work being performed. The placement of sod between the sidewalk and the road was always inclusive in the proposal and not an after thought. This desire was made known and reiterated by myself at least on three occasions.            Birch Mountain: “We want to satisfy every customer and pride ourselves on doing so. We are hopeful to reach an agreement with this customer, but, bottom line, they now have the nicest looking landscape on their street to enjoy for years to come.” Daren continues to refer to the quality of the work that was performed. It is not that we are unsatisfied with the work performed. Daren points to the end product to justify his unscrupulous, fraudulent, and/or deceptive business methods. We feel that Daren is being highly disingenuous by trying to impugn our character, we are people of integrity and will adhere to what we are obligated to pay. We are without question willing to pay what is owed. However, we will not pay for fictitious charges. Before Birch Mountain is paid, we would like to see an actual invoice for the cost of the plants use on our property we believe that there is no justification for $1,800 charge for the cost of the plants without any invoice to verify the expenditure. In addition, there is no way that we received 10 yards of mulch costing $475 on the small areas that it was used. There is also no way that 126 cobblestones installed end to end should cost $1,000 (materials only). Especially since all left over materials of mulch, residual of the pallets of cobblestones and sod were retained by Birch Mountain. 
Sincerely,
[redacted]

Complaint: [redacted]
I am rejecting this response because:   Revdex.com response to Birch Mountain Earthworks   12/6/17   I will not address all of the elements in the latest response from Darren R[redacted] owner of Birch Mountain Earthworks because, quite frankly it was an effort in its entirety to malign and disparage our character. Simply put, my wife and I were looking for a landscape contractor who would give us the type of lawn that we had always hoped for. So we hired an individual who sold us on giving us the quality landscape we desired. The peculiar thing about our choice is that we received for the most part, what we desired in the quality of work performed. However, what we did not count on and did not expect, was dealing with an unscrupulous duplicitous businessman, who would do or say anything for a greater profit margin. In my original reply to Birch Mountain regarding our complaint, I addressed all the issues that were outlined in Mr. R[redacted]’s reply to our complaint. It is beyond my comprehension to understand why a business would deliberately attack a customer with blatant lies in order to extract a little more profit. It would seem to the average individual that it would not be worth risking a business's reputation by brazenly perpetrating falsehoods against one of the very people whose patronage helps keeps it in business. In Mr. R[redacted]’s last response dated 11/28/ 2017, he even went as low as to fabricate a lie stating that we were looking to get out of paying Connecticut sales tax. Quite simply, he submitted a bill for a fixed amount, we agreed to and signed it expecting if anything to pay what was agreed to. We are still stunned by Mr. R[redacted]’s presentation of himself as a poor honest businessman who was being maligned by a bad customer. Nothing can be further from the truth! My wife and I are people of integrity. We will not allow our good name to be dragged through the mud because of an unscrupulous person. I do not know how long Birch Mountain has been in business but I do know that its current business practices 2X3  (as we have experienced), will only serve to bring them down in the end. The practice of the sowing of lies, dishonesty and deceit are seeds that will only produce a corrupted harvest. We will not be bullied or intimidated by Birch Mountain and are willing to take a stand for what we know to be truthful.
[redacted]
Sincerely,
[redacted]

Every so often in every business there are those unhappy customers who are the one-of-many.   We did a beautiful job for with ongoing approvals from both the customer and her husband. She wrote to us "I give kudos to your hard working team that did an excellent job with the groundwork and...

sod!!"   We even did extra work for which we didn't charge.              The plant allowance of $1,800 was an appropriate budget for this project.  When we originally met together everyone was in agreement as to both the type of plants and their location. When the plants arrived, before we planted, we set them up in their proposed positions.  It was only after the customer approved that we put the plants in the ground.  Only later did we learn there was a problem.  Had our customer been willing to meet with us we would have again gone over this as well as offered tips for follow-up care and what to expect in the future. Although the customer informed us that she knew plants very well, she did not offer her suggestions.  We assumed that she understood that in late fall the [redacted] we brought for her are out of season and come this spring she will see them in their glory. Two amazing items included in the foundation planting are a [redacted] and a [redacted].  Within the front of the house are many other beautiful plants that both homeowners loved at the time we brought them and set them up for them to see the new layout.  We also put in a  hedge of [redacted].  This substantial hedge instantly changed the entire feel of the front yard.  Just after setting up the hedge to be approved for planting, the customer agreed that it was an amazing change.  The spacing of the hedge is intended for long term health.               Once we billed no calls were returned.  So we emailed her suggesting a meeting to explain in person.  (We meet with our other customers in person on a regular basis.)  However this customer has refused to meet or return our calls or respond to our detailed explanations.             Only after many attempts on our part to reach out to these customers did we find this complaint.  We are not sure where our customer is getting her information from but it does not represent what really occurred.  Especially the accusation of a hidden charge.  There was no hidden cost of sod whatsoever of any kind.  The cost, as this customer knew, was  based on the area the customers asked us to sod. We had agreed in writing that area for sod was 80' x 30' at $3,000. They agreed. Later the additional area was discussed when we asked both the husband and wife "Do you want the area between the side walk and the road done in sod?"  their answer was "Yes." They knew the original quote did not include this additional area. The dimensions on our proposal proves this fact.            We want to satisfy every customer and pride ourselves on doing so. We are hopeful to reach an agreement with this customer, but, bottom line, they now have the nicest looking landscape on their street to enjoy for years to come.