From: [redacted] Date: Mon, Oct 12, at 11:AMSubject: Response to Complaint # [redacted] We are responding to a complaint that you have on fileThe number is [redacted] We would like to address the points in the complaint: “The contract was signed on March 9, with a start date the beginning of May.”Our company policy is that we NEVER put start or finish dates on our contractsWe are aware that there are many variables that in an outdoor project such as permitting time, inspections, equipment failure, and mostly weatherThe main problem was township approval as there was some confusion about zoningThis was communicated to the client, The project was started on May 18th and as per the signed contract that [redacted] signed the second payment was due at the end of the work dayIf she was not comfortable with this, it should have been address prior to signing the contract “They did not return until the end of June” Once we started, [redacted] is not taking into account that the bulk of the project was the removal and backfill of an a defunct in ground swimming poolThe project was in a tight area and was very difficult to removeWe also need to trailer our equipment there everyday due to the fact that we had no where to store our equipmentWe had informed the clients of this problem prior to contractingThe work time also included the Memorial Day Weekend which is a National Holiday and cut into work timeFurthermore, June was one of the rainiest Junes on recordRain stops backfill in it tracks as we CANNOT backfill with positive resultsProper compaction is impossible in wet weatherThe pool removal and backfill took approximately three weeks due to these issuesThis was communicated with [redacted] who repeatedly was concerned about getting her patio installed and needed us to hurryWe advised her that we have to do thing correctly in order for positive resultsWe completed the pool demo part then advised the client that in order for blacktop installation, we needed to make sure there was not any settlingWe completed the pool demo project around June and allowed some settling timeWe returned on June to begin bringing the stone necessary for completion “He advised me that the rocks would be fined tuned.”In any blacktop project, the stone is roughed in before the final adjustmentsThe yard was returned to its original grade prior to placing the stoneThen we use a modified stone to set the area for blacktop installationThe stones are not laid in the perfect position until the morning of blacktopWe informed the client of this once moreIts no more than a “rough draft” and fixed prior to blacktopIf we are to making things exact, stones can move due to cars driving on them, rain, wind, foot traffic, etcIts unreasonable to think that these stones are placed in the perfect positions and then held for several days until the blacktop can be procured “The proper lines were not shot and the water runs towards my house.”The proper levels were measuredIt is impossible for the water to run towards the house as the concrete that was installed in about 4-inches above the drivewayThere is no way for the water to flow towards the house when this is acting as a barrier “He threatened me with exorbitant fees and breach of contract.”Our contracts are very clear and in plain EnglishPayment is due the day of completion, again the time to discuss the contract is prior to signing and agreeing to the contractWe understand that clients want to view the project prior to final paymentWe encourage thisThis is why on the final invoice that is sent before the end of the completion, that we state “By paying this invoice, client agrees that job has been completed to their satisfaction.” We do advise the client that if they want to inspect the work, we will provide a representative to be there with them and then payment can be made or arrangements for changesWe did not threaten with breach of contract or legal action, simply stated that they could incur late fees, which were explained in the contractShe told us that she was at the shore and would be away for two weeks, after we were already on siteThey didn’t want to incur late fees that were in the contract so [redacted] was present with our superintendent and went over the projectHe was satisfied and made payment, and even gave our crew a generous tipIt is also important to note that he is the homeowner on the deed If [redacted] did not trust her husband’s judgment she should have arranged to be present “The inspector affirmed by assessment.”Our office did have an oversight for final inspection, due to the holiday weekendHowever, once we were informed it needed a final inspection, we immediately called and arranged one with the inspector, as we are the permit holdersWe met with the township inspector and PASSED final inspection [redacted] actually tried to cancel our appointment with himIn conclusion, we as a company do our best to be open and transparent from the start of any projectWe explain the process, our requirements for payment, and variablesWe strive to do a good job at a reasonable price [redacted] was informed of the processEverything is in our contract in plain EnglishIf [redacted] did not trust her husband’s judgment at the day of completion, she should have been presentWe are not getting in the middle of a marital issueThe time to negotiate the contract and request changes to the project are way before completion, especially weeks post completionWe think it is unfair to rate our company in the fashion that she has donePlease see the attached documents; contract and payment receiptWe offered the clients extra free services of additional stone and topcoat, but the client is unwilling to budgeThe problem here is, we believe, that the [redacted] had unreasonable expectations of a hand-raked small parking spotYou can’t get a Mercedes for the price of a HyundaiWe also believe, that she was more concerned with getting her patio; as there was no way for this to be installed prior to the removal of the pool, and was upset that it didn’t get done as quickly as she would have liked We believe that our work is satisfactory as noted by the husband and homeowner, [redacted] , having inspected, approved and paid in full for the completion of the projectThere is no need to remove the work and replace as it is functional, as this is obvious by the continuous daily use since our completion, and meets township codeWe tried to offer [redacted] some services such as stone to soften the edges and blacktop coating as an olive branch, but she is insistent that she gets her money backWe do not feel this is rightWe completed the work, it was approved by [redacted] who is the actual homeowner, and payment was madeYou can not change your mind weeks after a project is finishedIt also states in the contract that there are no warranties, expressed or implied, that they signed and agreed to.Jeanette P***Office ManagerExcavating and DemolitionA Division of Construction, Inc [redacted]
From: [redacted] Date: Mon, Oct 12, at 11:AMSubject: Response to Complaint # [redacted] We are responding to a complaint that you have on fileThe number is [redacted] We would like to address the points in the complaint: “The contract was signed on March 9, with a start date the beginning of May.”Our company policy is that we NEVER put start or finish dates on our contractsWe are aware that there are many variables that in an outdoor project such as permitting time, inspections, equipment failure, and mostly weatherThe main problem was township approval as there was some confusion about zoningThis was communicated to the client, The project was started on May 18th and as per the signed contract that [redacted] signed the second payment was due at the end of the work dayIf she was not comfortable with this, it should have been address prior to signing the contract “They did not return until the end of June” Once we started, [redacted] is not taking into account that the bulk of the project was the removal and backfill of an a defunct in ground swimming poolThe project was in a tight area and was very difficult to removeWe also need to trailer our equipment there everyday due to the fact that we had no where to store our equipmentWe had informed the clients of this problem prior to contractingThe work time also included the Memorial Day Weekend which is a National Holiday and cut into work timeFurthermore, June was one of the rainiest Junes on recordRain stops backfill in it tracks as we CANNOT backfill with positive resultsProper compaction is impossible in wet weatherThe pool removal and backfill took approximately three weeks due to these issuesThis was communicated with [redacted] who repeatedly was concerned about getting her patio installed and needed us to hurryWe advised her that we have to do thing correctly in order for positive resultsWe completed the pool demo part then advised the client that in order for blacktop installation, we needed to make sure there was not any settlingWe completed the pool demo project around June and allowed some settling timeWe returned on June to begin bringing the stone necessary for completion “He advised me that the rocks would be fined tuned.”In any blacktop project, the stone is roughed in before the final adjustmentsThe yard was returned to its original grade prior to placing the stoneThen we use a modified stone to set the area for blacktop installationThe stones are not laid in the perfect position until the morning of blacktopWe informed the client of this once moreIts no more than a “rough draft” and fixed prior to blacktopIf we are to making things exact, stones can move due to cars driving on them, rain, wind, foot traffic, etcIts unreasonable to think that these stones are placed in the perfect positions and then held for several days until the blacktop can be procured “The proper lines were not shot and the water runs towards my house.”The proper levels were measuredIt is impossible for the water to run towards the house as the concrete that was installed in about 4-inches above the drivewayThere is no way for the water to flow towards the house when this is acting as a barrier “He threatened me with exorbitant fees and breach of contract.”Our contracts are very clear and in plain EnglishPayment is due the day of completion, again the time to discuss the contract is prior to signing and agreeing to the contractWe understand that clients want to view the project prior to final paymentWe encourage thisThis is why on the final invoice that is sent before the end of the completion, that we state “By paying this invoice, client agrees that job has been completed to their satisfaction.” We do advise the client that if they want to inspect the work, we will provide a representative to be there with them and then payment can be made or arrangements for changesWe did not threaten with breach of contract or legal action, simply stated that they could incur late fees, which were explained in the contractShe told us that she was at the shore and would be away for two weeks, after we were already on siteThey didn’t want to incur late fees that were in the contract so [redacted] was present with our superintendent and went over the projectHe was satisfied and made payment, and even gave our crew a generous tipIt is also important to note that he is the homeowner on the deed If [redacted] did not trust her husband’s judgment she should have arranged to be present “The inspector affirmed by assessment.”Our office did have an oversight for final inspection, due to the holiday weekendHowever, once we were informed it needed a final inspection, we immediately called and arranged one with the inspector, as we are the permit holdersWe met with the township inspector and PASSED final inspection [redacted] actually tried to cancel our appointment with himIn conclusion, we as a company do our best to be open and transparent from the start of any projectWe explain the process, our requirements for payment, and variablesWe strive to do a good job at a reasonable price [redacted] was informed of the processEverything is in our contract in plain EnglishIf [redacted] did not trust her husband’s judgment at the day of completion, she should have been presentWe are not getting in the middle of a marital issueThe time to negotiate the contract and request changes to the project are way before completion, especially weeks post completionWe think it is unfair to rate our company in the fashion that she has donePlease see the attached documents; contract and payment receiptWe offered the clients extra free services of additional stone and topcoat, but the client is unwilling to budgeThe problem here is, we believe, that the [redacted] had unreasonable expectations of a hand-raked small parking spotYou can’t get a Mercedes for the price of a HyundaiWe also believe, that she was more concerned with getting her patio; as there was no way for this to be installed prior to the removal of the pool, and was upset that it didn’t get done as quickly as she would have liked We believe that our work is satisfactory as noted by the husband and homeowner, [redacted] , having inspected, approved and paid in full for the completion of the projectThere is no need to remove the work and replace as it is functional, as this is obvious by the continuous daily use since our completion, and meets township codeWe tried to offer [redacted] some services such as stone to soften the edges and blacktop coating as an olive branch, but she is insistent that she gets her money backWe do not feel this is rightWe completed the work, it was approved by [redacted] who is the actual homeowner, and payment was madeYou can not change your mind weeks after a project is finishedIt also states in the contract that there are no warranties, expressed or implied, that they signed and agreed to.Jeanette P***Office ManagerExcavating and DemolitionA Division of Construction, Inc [redacted]