Hidden Creek Landscaping, Inc.

Dear Ms. [redacted]: Ms. [redacted] has filed a complaint with the Revdex.com of Central Ohio against my client, HCL Landscaping.  In this letter, we will attempt to give some background on the project, a timeline of their communications and answer her complaints.  I apologize in advance for its...

length, it is a complicated situation.   Hidden Creek Landscaping (“HCL”) entered into a construction contract with Ms. [redacted] on March 16, 2015 to complete a project at her home.  The project consisted of demolishing an existing wood deck which was attached to the back of her home and installing a tiered wall hard structure, an exposed aggregate patio and install stone steps for entry to and from the patio.  Plans were drawn and approved by Ms. [redacted] and an estimate for the work was given to Ms. [redacted].  The work was to take 7-10 days and the total contract price was $29.224.89, payable in three installments.  Pursuant to the contract, Ms. [redacted] remitted payment for the initial deposit in the amount of $2,700 and also for the First Draw in the amount of $16,000 once construction began.  The balance remains unpaid by Ms. [redacted].  In an effort to control the costs of the project, Ms. [redacted] decided to handle the demo work on her own and removed existing deck from the project area.  The deck was attached to the house and had vertical planks running to the ground so that there was no visibility under the deck.  Once the deck was removed, it was discovered that two window wells existed below the deck.  Ms. [redacted] did not want the windows covered, so the level of the new patio had to be lowered by approximately one to two feet.  The new ground level required there to be two additional steps installed coming out of the back door down onto the patio surface.  Ms. [redacted] decided at this time that the additional steps made the patio smaller than expected and wanted the concrete patio enlarged from the original plan design.  The cost of the additional steps and concrete amounted to approximately $1,000 in added costs to the project.  Ms. [redacted]s refused to pay for the additional work as she felt it was something HCL should have been aware of.  The contract clearly states under Project Modifications that costs due to unforeseen site conditions s[redacted] be borne by the customer, additionally, the added patio space by Ms. [redacted] was an unnecessary modification which is also the responsibility of the customer (a copy of the executed contract is attached hereto).  In an effort to keep Ms. [redacted] happy, HCL absorbed these costs at no charge.   The pouring of the patio was subcontracted to [redacted], a local concrete installation company which HCL has used on numerous occasions and projects without issue. [redacted] was provided with amended drawings which reflected the increased patio size requested by Ms. [redacted].  Unbeknownst to Hidden Creek, [redacted] planned their concrete load from original drawings instead of the amended set and was therefore short on concrete on the day they poured the patio.  The concrete was poured on Friday, August 14th.  Due to [redacted]’s error in relying on the original drawing, they did not arrive at the job site with the appropriate amount of concrete in the truck. They poured a majority of the patio but had to return to the supplier, retrieve more concrete and return to pour the remainder of the job.  Ms. [redacted] states that the time between leaving the site and returning to complete the installation was approximately an hour.  Ms. [redacted] completed a walk-through with HCL representative Rachael H[redacted] later that day and expressed her approval with how the project appeared.   On Sunday, August 16th Ms. [redacted] contacted HCL via e-mail and expressed concerns that there was a distinct color difference between the two concrete loads which was not noticeable during the walk-through.  She also inquire about a cracked step and some other items which she felt needed attention.  Ms. H[redacted] returned Ms. [redacted]’s e-mail on Monday the 17th and let her know that the concrete company had been contacted regarding the discoloration.  Additionally, the cracked step would be replaced and the other items would be addressed directly by Hidden Creek.  At this time Ms. H[redacted] and Ms. [redacted] discussed the possibility that when the patio was sealed, the color would match and would no longer be an issue.  Ms. [redacted] said that “Other than that yes I love it! I cannot wait to start using it :)” [redacted] informed HCL it would be out to the job site on Tuesday the 18th to seal the patio and cut the score joint, and inspect the color difference.  Multiple e-mails were exchanged between Mr. [redacted] and HCL on the 18th regarding the time the sealer would be applied and when the cracked step would be replaced.  Ms. [redacted] was told that they were trying to contact [redacted] to get an exact time for the sealer application and that HCL would be out on the afternoon of the 19th to replace the cracked step and address the other items.  On the morning of the 19th, Ms. [redacted] set an e-mail to HCL expressing her displeasure that the score joints were not cut and said the acceptable remedy for the discoloration of the patio would be to tear out the entire patio and have it re-poured at Hidden Creek’s cost; she would not pay the balance due on the project until the patio was replaced. Seven minutes later, Ms. H[redacted] informed Ms. [redacted] that the project manager, Rob B[redacted], wished to schedule an on-site visit for the following day to inspect the patio and formulate a plan to remedy the issues. (The sealer was applied by [redacted] and the step was replaced by HCL on the afternoon of August 19th).  Mr. B[redacted] met with Ms. [redacted] on the 20th and agreed that the portion of the patio that was poured later was darker and discolored.  He also agreed with her that [redacted] had sprayed sealer on portions of the stone wall as well as her home.  He informed her that there were remedies which could possibly fix the discoloration issue on the patio but the patio was structurally sound and could be used until an appropriate remedy for the color were decided upon.  He also agreed to replace the stones with sealer on them.  Mr. B[redacted] offered to remove the cost of the patio installation from the total project costs, a discount of $5,583.33.  Ms. [redacted] refused and again said replacement or refund are HCL’s only options.Immediately following the meeting on August 20th, Ms. [redacted] sent an e-mail to Hidden Creek’s owners, Matt S[redacted] and Jason C[redacted] as well as Ms. H[redacted] informing them of her displeasure with the patio and again stating that she would settle for nothing short of the entire patio being replaced.  She said that if HCL was not willing to replace the patio, she expected a complete refund of her payments to date, totaling $18,700 and that she would not remit payment for the remaining $10,524.89 due on the project.  Ms. H[redacted] replied to Ms. [redacted] stating that Mr. C[redacted] was out of town for the day.  Ms. [redacted] was contacted by Mr. B[redacted] on August 21st and was told that his crew would be out on Monday the 24th to replace stones that had been sprayed with sealer by [redacted].  He also informed her that [redacted] would be there that day to cut the score joints and prep the patio for second coat of sealer to be applied on the following day.  Ms. [redacted] filed her complaint with the Revdex.com and the Ohio Attorney General that morning.  On Saturday afternoon August 22nd, HCL’s owner, Mr. C[redacted] e-mailed Ms. [redacted].  He informed her that he had been out of town but had been fully briefed by his staff, he was aware of all of the issues associated with the project and that he wanted to work with her to find an appropriate solution.  Mr. C[redacted] also told Ms. [redacted] that he wanted to have an independent concrete installer visit the site, assess the situation and get a recommendation for a proper fix.  On Sunday, August 23rd Ms. [redacted] responded to Mr. C[redacted] again stating that replacement or a complete refund were the only acceptable scenarios. On Tuesday, August 25th Mr. C[redacted] informed Ms. [redacted] that while he wanted to work toward a solution to the project, he was made aware of her complaints to the Revdex.com and the Ohio A.G. and he felt future communications should be handled by Hidden Creek’s counsel.  In the interim, Ms. [redacted] has posted unfavorable, untrue and misleading on-line reviews of HCL to Yelp! and All Rate.   HCL is in agreement that there are issues with the patio.  On their last sight inspection, Mr. B[redacted] did see a slight color difference between the two sections of patio. Additionally, they also agree that the concrete was not properly installed up to the level of the stone steps as was called for by the design.  HCL has contacted [redacted] regarding these issues and is attempting to work with them to remedy everything.  They have requested to see the supplier’s job tickets which would give the exact amounts of aggregate contained in the separate loads of concrete.  They have not received the job tickets from [redacted] at this time but continue to request them.    HCL is still resolved to find a solution to Ms. [redacted]’s concerns but is unwilling at this time to replace the patio until the issues can be further investigated and assessed.  Ms. [redacted] continues to state that the patio must be replaced because the lag time in completing the installation of the patio created a “cold joint” which makes the patio structurally unsound. She also asserts that since the score joints were not cut within 24-hours of the patio being installed, the patio is now susceptible to cracking and is therefore unacceptable.  There is no building code in the city of Columbus or the State of Ohio which requires score joints to be cut within any specific time period after installation.  Ms. [redacted] is not a concrete expert and had provided nothing in the way of a concrete expert’s opinion that the patio is unsound.  HCL has suggested and is still open to contracting with an independent concrete inspector to survey the patio and make an assessment as to the structural integrity of the patio as well as remedies for the discoloration. HCL has made every attempt to work with Ms. [redacted] to come to a reasonable result to all of her issues but since her e-mail on August 19th, Ms. [redacted] has continued to state that the only acceptable remedy for her is to replace the patio or a get a complete refund for the entire project.  She has not budged from her position and has stated that she will use every resource at her disposal to get a replacement patio or her money back.  The contracted cost for the project is $29, 224.89.  The cost of the patio within that contract price is $5,583.33, less than 25% of the total cost.  There is still an outstanding balance of $10,524.89.   Ms. [redacted] stated in her complaint that she has been ignored and “put on the back burner” several times.  This could not be further from the truth.  HCL has responded to each and every one of Ms. [redacted]’s e-mails and telephone calls on the same day (or the following morning if they were received late).  HCL has even replied to e-mails to address concerns on Saturdays and Sundays in order to get Ms. [redacted] an answer as expediently as possible.  From the time of her e-mail regarding issues with her patio on Sunday August 16th to the filing of her complaint on Friday August 21st, HCL has:  Traded over a dozen e-mails with Ms. [redacted] regarding her project; Replaced the cracked stone step; Replaced all landscaping stones which were sprayed with sealer by [redacted]; Contacted [redacted] to ascertain what may be the cause of the color difference or whether the lag in pouring could have caused a “cold joint”; and Contacted Ms. [redacted] to suggest a third party provide an assessment of the patio’s discoloration and its structural integrity.  The only thing that HCL has not done to this point is agree to replace the patio or to refund the entirety of the project costs to Ms. [redacted] without a further inquiry into the matter.  HCL is happy to provide any and all documentation regarding this matter, including project notes, before and after pictures and any and all correspondence between Ms. [redacted] and HCL from the conception of the project to the present day.  Should you have any questions regarding this filing, please do not hesitate to contact my office at ###-###-####. Very Sincerely Yours,
[redacted] Counsel for Hidden Creek Landscaping

First, let me clarify that Mr. Rob B[redacted] has never once met with me personally, not on the 20th of August or any other day. He has never been to my property with me to actually view the project. So to use his sight inspection as reference is complete falsehood. I have only ever spoke to him on the phone and exchanged emails with him. In fact, he told me on the phone, he could see everything he needed to from the pictures I sent, and did not with to meet with me at 2pm on August 20th. He also never once offered to discount the entire cost of the concrete pour, in fact he stated, we (HCL) did not mess this up, the subcontractor did. He also said, it would cost Hidden Creek too much money to fix this issue, and suggested we leave the patio the way it was. I told him several times during this phone call that none of these were acceptable resolutions. I also asked him why they would not stand behind their subcontractor to which he offered no reply. After my conversation with Rob, on August 20th, no one form Hidden Creek had my permission to be-on-site at my home. This was when I realized I needed to speak with Jason, the owner, in hopes of clearing up these issues. The concrete was not poured on Friday August 14th. It was poured on Thursday August 13th, my father and I were both present when the team arrived and remained home the entire time. They did not arrive until after 4pm and did not finish until after 6pm. They poured the first part, left the property for approximately one hour and returned to pour the final corner.Let’s address the score joints. Mr. [redacted] is correct, I am not a concrete professional or expert. However, I have had several at my home and have spoken to several, including the company who supplied the concrete, [redacted] Concrete (via a professional whom I know in the business). Industry Standard is that the score joints be put in no later than 24-48 hours after the concrete has been poured, especially if they are to be saw cut (which mine were to be done this way). The score joints were cut on my patio on August 24th, ten days after the concrete was poured. This is not industry standard. This is simply because if the concrete has cured longer, there is a greater chance to cause stress when putting in the score joints, thus causing a crack in other spots than where the joint is being created. This was my concern from the start, that my patio would crack early due to lack of score joints. My patio already has one rather large crack running from the south corner of the steps all the way to the south side retaining wall. The pictures of this are attached for reference as well.  This crack appeared just after Chad cut the score joints with his saw. The start of the crack is in the exact spot where the sawed joint ends. So as you can see, the assessments I received were correct. The score joints were not done correctly. Let it be clarified that the walk through on Friday August 14th, between Rachael H[redacted] and myself happened before the concrete had been [redacted] washed and the aggregate had been exposed. The concrete was covered in plastic when she was here. It was also before [redacted] came to seal the concrete and thus sprayed the stones with sealer, leaving them damaged. Of course it looked good, but I had not yet seen the exposed part of the patio, which is where the issues arouse. Why did they complete a so-called final walk through before the project had been completed? This was not a final walk through and we never agreed that it was. This was the last time Rachael was on the property to view the project, again this happened before the concrete could even be viewed properly. To assume this walk though left me being pleased with the entirety of the project is inaccurate; as the job was not and still is not complete. In regards to HCL saying I still have a balance unpaid, my contract clearly states that the balance is not due to be paid until the project is complete. At this point, the project is not complete so they have no grounds on which to try to collect those funds.  Should they choose to complete the project to industry standards, while meeting my own expectations, they will be paid in full. I only want what I am paying for. As of right now, I have paid for services, of a professional nature, in which I have not received. Finally, the fact that they keep calling it a cosmetic discoloration is false. The two parts of concrete were poured from two different batches, one was a finalized pour and the other was not. There is more aggregate in the second pour, causing it to appear darker, though it contains more exposed stone in it. [redacted] Concrete, the company hired by [redacted] to pour the concrete provided this information (via a professional whom I know in the business, and who called on my behalf). When I told Rachael this was who poured the concrete, this was the first she had heard as Hidden Creek thought it was [redacted] who completed this part of the project. Should Hidden Creek not be held responsible for knowing if their subcontractors are hiring out the work? This is why I say I was put on the back burner, because no one was onsite to ensure that the subcontractors were doing their jobs and doing them correctly. When this project came to this end, I feel as though everyone, the owners in particular, should have been more responsive. They should want to make this right for their customer, instead I was ignored until I filled my claims. This was Hidden Creek’s responsibility and they faltered on it and left the subcontractors to make the choices, thus leading us to this predicament that we are now in. I was told several different times that either Rob or Rachael would be onsite and Rob never bothered to show up while Rachael was only onsite once. This was never how I understood the project was to be handled. I had given Hidden Creek every possible opportunity to resolve this before I filled my complaints. The email from Rob, on August 21st, states that Hidden Creek was still only considering it a cosmetic issue, Jason C[redacted], was copied on this as well.  This was after my personal email to Jason and the co-owner, Matt, so he was aware of the issues. For him to say in later emails that he needed to be brought up to speed is yet another falsehood. He had been well informed from myself and from Rob on what he thought the fix should be. Also, Rachael mentions in her email that she is personally going to speak to Jason about the issues. He states in his later email on August 22nd, that he would like to bring in an independent concrete company, to which I emailed back saying that was fine but to please do so in a timely manner. As the fall season turns colder, we are left with less and less time to correct the matter, should any part of it need replaced. I do not feel my request for a timely resolution is out of line. At this time, I had already filled my complaints, that is true, but I had to protect myself as I was getting nowhere with a resolution. In the end all I am asking for is the patio I was promised when I signed the contract. The fact that the workmanship does not reflect at all the cost I am being charged is absurd. When you spend the kind of money and time for a project of this magnitude you expect the best workmanship to be provided. The fact that they say they concrete job is less than 25% of the total, has no bearing on the matter at hand. They should stand behind the subcontractor that they hired on their behalf. If I have to replace the concrete using another company, I would also need to have it demoed, costing me more money. The stone retaining wall would need to be taken out and redone, things they are not taking into consideration. I have already paid for these things once, why should I be expected to pay for them again?  Furthermore, if this portion of the project is less than 25% as they say, why are they fighting so hard against properly correcting it? Why are they fighting me on a refund, when their work is below subpar and not at all what was expected when I hired Hidden Creek? They did not replace any stones, on August 24th. They simply turned them over, leaving the sides of the stone still covered in sealer. I had someone at my home that witnessed this. Now instead of sealer on the stones, I have glue spots on the top of the stones. The only stone they replaced was the one by the lower step that was cracked. They also did not address the steps coming off my french doors at all. The entire bottom half was sprayed with sealer as well and it now a brown color instead of the off-white/tan of the stone itself. Also, attached are pictures of the grading and grass the Hidden creek planted. As you can see, there are several large portions of concrete mixed in with the grass, which has causes it not to grow. This is from where [redacted]-sprayed the patio this creating a run-off of concrete. This was never cleaned up or addressed, and has now left me with work to do on my own, shoveling the concrete out, putting down more top soil and reseeding the areas. I have no problem with Hidden Creek bringing in an outside company to assess the concrete and help decide next steps. I only ask that they third party is a company in which Hidden Creek has never before done business with and that I have a say in who they bring in. I feel at this point we should be in agreement if we are to trust the integrity of the third party company. As Hidden Creek choose the previous subcontractor and that did not end well for this project, I am not comfortable with them choosing another one of their own. I also asked that Rob no longer be involved after the way he spoke to me during our phone conversation and now after reading his obvious falsehoods regarding this project and his involvement.