Carver's Construction

Review: Innovative Design contracted with Michael Carver to do my concrete initially for the rear yard. I belong to an HOA and all work has to be approved by them. Micheal provided a drawing of the work. He did not join me at the Design Committee review. I wanted to proceed with the majority of the work necessary to complete the backyard. Michael came up with the contract, specifying costs, materials, irrigation system, grading, etc. The paver portion of the project was the biggest problem in that it drains towards the house. He refused to correct it. I asked for a drain and he reluctantly agreed. Days went by and nothing happened. I found a drain at Home Depot, a type of which was used in pool concrete. Originally Michael had said the patio would drain to the sides. He asked his Hispanic worker what he wanted to do. That employee choose to put it closest to my slider rather than away from the house. At no time did they use a vibrator to compact the soil or a level to address the overall drainage. His men were told verbally how to put the flagstone pavers in. They appeared to not understand. I asked Michael if he wanted his workers to watch the Belgard instructions on how to lay these pavers. Micheal refused. After Micheal left I went to the website and made a template of the design and gave it to his workers. They struggled with it. When I got my outdoor furniture the slope was even more dramatic. The bubble in the level was barely over the line, most residing outside of the lines. Another issue is the water feature. There was no contract, no drawing, no HOA approval, and when Micheal was told to stop proceeding with it he refused to hear my objections. I wanted stainless steel scupper he brought out a plastic one. I was gone to two medical appointments that day. He left his men to proceed without him. He had already cut into the retaining wall. I told them they were doing it wrong. AGAIN I HAD ASKED him TO LOOK AT THE AQUASCAPE VIDEO ON HOW TO INSTALL A WATERLESS falls. I have bids to correct.Desired Settlement: DesiredSettlementID: Replacement

I want to have another contractor replace my paver patio and have it drain away from the house and it to be level enough to put a table on it. I want the charges for the water feature to be voided as there was no contract, no drawing, no HOA approval. He proceeded over my objections and some of they applications are wrong. He is not qualified to do electrical work. Also incomplete drainage system and dead plant material I planted because drip system was at trunk instead of drip line of trees.

Business

Response:

Initial Business Response

We have been retained by Michael Carver dba [redacted] Construction, to assist him in a dispute with [redacted] over certain construction services provided at her residence at the Del Webb retirement community in Elk Grove, California. The original patio work was apparently complete, but she thereafter asked Carver to install a waterfall and plumbing. This extra work was requested orally and was not reduced to a formal written contract. Therefore, she complained to Mr. Carver about the drainage being inadequate, which he offered to repair at no cost to her. He then offered to remove the waterfall and to leave the pipes in place in the event that she wanted to utilize the piping later. Nonetheless, she refused his offer and also refused to pay for some of the original underlying work performed and completed and about which she had no legitimate complaints except that a chair or table was not perfectly level.

Our client has since recorded a mechanics lien on title to her property and sent it to her along with a settlement proposal. A copy of the lien and that letter are enclosed. Since it was recorded on October 28, 2013, a suit to foreclose the lien must be filed on or before January 27, 2014. Mr. Carver remains willing to remove the waterfall and give Mrs. [redacted] a credit of $1400, so long as she pays for the underlying work already performed in the amount of $4825, minus $1400, meaning a net payment of $3425.

Additionally, Mr. Carver is aware that Mrs. [redacted] criticized his work unjustly to many of the neighbors and other residents at the Del Webb community. She has in fact attempted to contact some of those residents to join her in complaining about his services. He and his company have performed substantial work among those residents, the vast majority of whom are more than satisfied with his work. I have recently reviewed photographs of work performed by our client at several homes in the Del Webb community. Additionally, I have received 10 letters of recommendation from past and existing clients of Carver Construction, all of them residents of Del Webb and all of whom recommended highly the services Carver provided. For your information, all of those letters and photographs are enclosed. The foregoing information in the way of photographs and testimonials contradicts Mrs. [redacted]' accusations, which are apparently only to avoid paying for Carver's valid construction services and materials.

We have advised Mrs. [redacted] that untruthful statements about Mr. [redacted], his company, or their work which adversely affect their business relationship with the Del Webb Community may be actionable as libel, slander or an intentional interference with their business relations. We have also asked her in writing to refrain from making any further untrue statements in this regard, both in writing and orally, since either form of intentional false communications may be actionable.

I believe you can conclude that Mrs. [redacted] alone among Carver's clients is dissatisfied with his work, and that the vast majority of his clients at Del Webb community do not share her views. She is either simply a malcontent or is seeking every way to avoid paying a valid bill. I trust that this letter responds to and addresses your concerns.

Very truly yours,

[redacted] & [redacted] LLP

Final Consumer Response

I have a copy of Tong's letter of Miller & Tong firm as to the complaint I initiated with you. Enclosed will be my response to their initial letter to me. There are several errors in this current letter.

Here I will address the November 21 letter. First the waterfall feature was started in the last week concurrent with work on irrigation, dirt PLACING ROCK AT DRAIN UNITS, CONNECTING UP THE ELECTRICAL FOR IRRIGATION UNIT, and bark replacement. It was July 17th that the waterfall was installed. THE CONTRACT WAS NOT COMPLETED PRIOR TO STARING WORK ON THE WATERFALL. I was at two medical appointments that day. I have been in the past on site for much of the work. This day I was not. I had a 10:15 medical appointment with Dr. Goran. When I returned much of the irreversible work had been done. The original work was in its sixth week. WE DID NOT HAVE AN END DATE OR ANY PENALTY FOR EXCESSIVE TIME TAKING TO COMPLETE THIS PROJECT. IT COULD HAVE BEEN COMPLETED IN TWO WEEKS IF THE CREW HAD BEEN HERE ON A DAILY BASIS. The same crew worked it.

If I HAD asked the crew to leave then it would prolong the work that STILL needed to be done. I KNEW I HAD TO GIVE MICHAEL A CHANCE TO FINISH THE PROJECT TO MY SATISFACTION. NO OTHER LANDSCAPER WOULD COME IN UNTIL THIS WAS RESOLVED. We would have walked this path if Michael hadn't sent me the Preliminary Lien Notice upon reading my letter of issues. VERBALLY HE HAD REFUSED TO MAKE THE CHANGES I HAD ASKED FOR. I rightly put the issues in writing and asked him to thin them over. To put it in a letter he was willing to do any corrections is false. He meant to be finished that day, his invoice date of the 16th bears that out. He never sent me an invoice until a month later.

He had many other jobs demanding his attention. He want to have it both ways. He wants to appear to be willing to do the drainage but he had refused. He had refused to move dirt along one portion of the fence that had an excessive gap. He didn't want to use any of my materials on site to make the waterfall. Any requests I had in the last weeks were met with his unwillingness to do anything more or correct problems I had, especially the draining of the paver patio towards the slider. In talking to Home Depot and Lowe's "expert" in the aisles where the drains were found the maintenance of that deco drain was going to be a nightmare. I have arthritis and want a low maintenance yard. No grass was installed. Bark and pea gravel is low maintenance, cleaning out drains is not. I want a paver patio I can have a level surface to place my big dining table and six chairs on. The surface of the retaining wall is level. The previously poured concrete is level, the bubble on the level is between the two lines. YES, MICHAEL IS CAPABLE OF THIS QUALITY OF WORK. SO WHY SHOULDN'T I HAVE THAT SAME QUALITY IN MY PAVER PATIO WHERE UNEVEN SURFACE IS REFLECTED IN TABLES AND CHAIRS.

Parts of Michael's work I was happy with - the concrete and retaining wall for example. It is false when Tong states that I have attempted to have residents join me in complaining about his services. I have not as of yet approached anyone to bear witness about the quality of work. I am not asking for written statements from residents yet. I am not creating a hostile environment for him. He is going to an attorney on the 17th is hostile. Obviously Michael Carver has done a lot of work in this community and continues to do so. It was never my intention to damage his reputation or have him lose business. IT IS ABSOLUTELY FALSE THAT I HAVE PURSUED THIS. I have held no social events in my home and approached only select few with the purpose of getting advice on how to handle this in an HOA. My immediate neighbor who was on several committees including A Design committee in another HOA community has been helpful in this regard. ALL MY STATEMENTS ARE TRUE AS THEY APPLY ONLY TO MY YARD.

It is only a last resort that I have approached Revdex.com, because the Contractor's License Board investigator has pushed her appointment out further and the holidays are here. I find it stressful that this is not being resolved in typical channels. I find it stressful to look at the unresolved issues with water feature and pavers. I am not able to use these. THERE HAS BEEN A MENTAL, PHYSICAL, AND EMOTIONAL CONSEQUENCE FOR ME. I BLOCK CONVERSATIONS THAT INVOKE MY ISSUES WITH MICHAEL. I AVOID CONTACT WITH THOSE WHO DID WORK WITH MICHAEL AFTER HIS HOSTILE REACTION to me. My issues are legitimate. They don't make me a malcontent. I am entitled to voice my opinions as do others when asked. One and only one person asked me if I would recommend him, only one. I am not calling Michael names. I understand Tong speaks for him. He has chosen not to use the contract style advocated by the Contractor's Board. Why? It is legitimate that I voice this if asked. Consumers may want to know if he abides by the license. My contract is a small one. So why did he put an amount of $12,000 on the Prelim. THESE ARE FACTS. His anger and hostility are obvious. He seeks to damage my reputation openly. The issue is not that Michael can't do quality work for others. Occasionally we all make errors in judgment. HE WAS ASKED NOT TO COME BACK INTO MY YARD BECAUSE HE WAS UNWILLING VERBALLY TO ADDRESS MY CONCERNS. Given his delay in getting the original contract to conclusion I have trouble thinking he would be respectful of my time and emotions.

Therefore, I am making use of those lawful entities that can resolve my issues. The Board will address licensure violations if there are some. They will not resolve any financial issues. It is NOW known to me that Michael does not have a license to do electrical work. To correct his work I will have to hire an electrician and may have to pursue a permit. I was unaware of these additional potential costs. So there will be an addendum to do this even if there is not to be a waterfall at all.