Distinctive Lawn & Landscape Inc

Initial Business Response /* (1000, 5, 2015/11/22) */
There was never a bid of "$10,000.00"The job started as a small time/materials job (taking down and reinstalling an existing retaining wall done by a different contractor for a previous homeowner)Upon arrival to perform the initial
project, the homeowner decided to add a significant amount of additional work to the projectOn the third day of working on the site the contractor added up the current amount due for the homeownerAs of approximately noon on that third day, the amount due was just over $7,The customer was informed again of our hourly rate and it was agreed upon by the contractor and the homeowner that from that point on the homeowner would receive a $per hour discount on foreman and a $an hour discount on laborer rates in exchange for cash paymentAt the end of the day the homeowner made a down payment of $5,cashNo other money of any sort was ever paid to the contractor from that point forwardThe homeowner and contractor had a further discussion regarding the anticipated total cost of the projectThe homeowner expressed that he would like to get the work done for a total of $15,in labor (he was paying for materials himself at that point)The contractor stated that the cost may run up to $20,based on what was yet to be doneThis writer again informed the homeowner of the hourly rates and suggested that a final project plan be developed so that the project could be accurately bid and carried out efficiently without further changesThe homeowner declinedAfter this conversation the homeowner repeatedly (nearly daily) made additions and changes to the project which resulted in additional labor and material costsIn response to these continued changes the contractor continually informed the homeowner that we (the contractor) could and would do whatever he wished, but agreed upon hourly rates would applyIncreased labor and material equates to increased costsOnce the project was completed to a point where concrete to be installed by others, it was agreed that the contractor would pull off the job to allow the concrete work to be performed and return to complete the remaining work as the next phase was going to tie into the newly poured concrete (grading, decorative rock and paver edging around the new retaining walls)At this time the homeowner expressed a desire to add paver edging along the edge of the future concrete approachDifferent material options and price points were discussedThe homeowner selected a larger paver material option than was initially discussedThe contractor also explained that the selected paver option would require much more labor to install as each piece needs to be cut to perform curves whereas the original option offers manufactured "pie shaped" pieces for creating curves without any cutting
A few days after pulling off the job so the concrete work could be done the contractor added up a current amount due and forwarded it to the homeownerAt that time the total due was $17,The homeowner called and wanted to review this amount so a meeting was arrangedThe homeowner stated that he was not going to pay any more than $15,for the project (including what was proposed to be done yet)At this time the contractor was made aware of some loose cap stone on the retaining walls where the glue had failed to adhere to the concreteThere were also some cap that had been reused from the wall that had been taken down from the front wall and used on a backyard wall (less visible area) at the request of the homeowner to save on material costsThe homeowner stated he did not like the way the cap stone curvedContractor agreed that it could have curved in a more appealing fashion and stated that contractor would take the cap off and re do them as well as reglue the cap where the glue failed to adhere, however contractor stated that no further work could be performed without any further payment on past labor already performedAt that time the homeowner stated that he would pay $10,in total if contractor would finish the job to its completionContractor responded that the amount due at that time exceeded this $10,000-without doing any further workContractor explained all of the changes and additional work that had been done at the homeowners request thus resulting in additional costThe homeowner again stated that he was not agreeable to paying the amount due and gave contractor an ultimatum of performing all work (rock, edging, and grading off concrete)for an additional $10,above the $5,he had paid already or receive no further paymentContractor explained that the amount due at that point without any additional work after the concrete installation already exceeded what homeowner was proposing, let alone performing any additional workContractor stated again the need to be paid for what had been done alreadyUp until this conversation the homeowner had expressed nothing but satisfaction about the job and work performedAt this point the homeowner stated that contractor would need to take the matter to court if contractor expected to collect any more moneyContractor later figured up the total amount due including credit given for material that had been credited by supplier upon returnThis amount came to $If you add the $5,down payment made by the homeowner to this amount the total labor and material cost for work performed to date was $19,As mentioned earlier contractor had given a rough estimate of $20,Granted there was work yet to be done, but the cost estimate of $20,was given prior to MANY additions and changes to the projectContractor wanted to finish the project but required payment for what had been done up to that point before contractor incurred further expenses from the projectThe homeowner never paid cotractor anything further for service rendered and hired another company to compete the project-again with additions to what we had discussedIn closing, again this contractor DID offer to reglue the loose cap and reset the cap that been installed on the back wallContractor was working with limited quantities in an effort to reuse old material to save the homeowner money, therefor contractor cannot say with certainty there was enough material to accomplish what the homeowner wanted in this area, but contractor did offer to attempt to do so upon receiving payment for service rendered up to that pointThe homeowner declined to do soContractor never received $10,as the homeowner suggestsAs of this date contractor has received $5,which after material costs incurred leaves about $to be applied to the labor hours spent on the jobWhat the homeowner has paid thus far is a labor rate of $(rounded up) per hour/per worker ($700.00/277)This is unacceptable as it in no way covers expenses incurred as a result of performing services for the homeowner which contractor was hired to doThe homeowner has received a detailed invoice which breaks down all of the costs associated with the project and the final amount due
Initial Consumer Rebuttal /* (3000, 7, 2015/11/25) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Please see the attached Revdex.com Response 11-25-document, as well as other documents to support our side of this caseThank you!
Final Business Response /* (4000, 9, 2015/12/10) */
Contractor ceased work on homeowner's project when it became evident that homeowner had no intention of paying for services and materials already providedHomeowner WAS aware of our rates and agreed to themThe rates provided are not "ridiculous" as homeowner statesThey are discounted 30% for laborers and 7.7% for foremenContractor rates are very competitive with industry and region standardsAny research would support this statementThe project required extensive use of equipment which was not reflected in the labor rates charged
Contractor refutes homeowner's response nearly line for lineRather than engage in a long drawn out declaration, contractor would simply like to respond by stating the following:
Contractor stands by our original responseContractor has receipts and records to support our caseHomeowner's response includes numerous statements and accusations against contractor which are slanderous and libelousThis is a crime in and of itselfContractor simply seeks payment for services and materials renderedOur statements as well as the invoice are true and accurateWe are prepared and willing to defend them in a court of law