Leisure Scapes Landscaping

Landscaper used plants that were in poor health. I contracted with[redacted] of Leisure Scapes to have 2 separate flower beds. one in May, 2014 and one in August 2014. In one bed, 3 plants need to be replaced (2 knockout roses that have rose rosette disease and one azalea that doesn't look healthy because it is much smaller than the ones around it). In the other bed, the encore azaleas look terrible. He agreed to replace the azalea in the first flowerbed in June and the encores in the other bed in October. I just found the knockout rose problem this afternoon. I have tried numerous times to contact him by phone and text. When I finally reached him again around the first week of October, he told me he would replace the azaleas, but has not done this. I can get the text messages from my phone service if needed. I hate sending in this complaint because I don't want to cause anyone any trouble, especially people who are financially affected because they are self employed, but I just can't get him to do the right thing. I feel I have been taken advantage of. I paid approximately $6,600 for these beds, and that's a lot of money to me for something that I feel wasn't worth what I paid. Many of the plants he used were already in the beds. He planted 3 hinoki plants instead of twisted pin needle plants that we contracted for. They looked terrible. I asked him to take them back and replace them with [redacted] (I talked to [redacted] at [redacted] Nursery where he got them and was told he could bring them back). Mr. [redacted] told me he would just use them in his own yard because he loved the plant. When I arrived home a few days later, he was planting the cleyeras in place of them and charged me $456. I want to know why he charged me this considering he could have taken them back and didn't. I feel the price was inflated for what was delivered and I want an itemized statement as well as a credit for the plants and labor cost so I can get someone else to replace them.Desired SettlementI want what it would cost me to hire someone else to replace these 9 plants (1 azalea, 6 encore azaleas, 2 knockout roses)because I don't trust the plants he chooses. I will be contacting another landscaper and can let you know how much that will be. I also want $456 back for what I was charged to replace the hinoki bushes that I didn't want in the first place. He chose to keep them for his home instead of getting a credit so I paid for plants twice. Also, my flowerbed will look terrible for another year because I have to start over with these plants. It would be nice for him to offer punitive damages because of everything I have gone through just to get him to do the right thing. My word means something to me. Business Response This E-mail is in reponse to Case # 40101560 ([redacted] ) After reading the letter of complaint sent to you and then to me , we do put a one year warranty on plants but only if they die and not by homeowner's error , natural disasters, rodents killing plants or from plants getting a fungus or disease. I personnally pick my plants out for installation for each job we do; I install very good quality plants on each job. I think of each as being my own house, as saying that if it's not good enough for my house then i'm not going to put it at someone else's house. As you will notice at the time of installation on each job ( May & August ) it was very hot which can cause stress on plants if not properly watered or fertilized after installation of job. ( which was explained to customer at time of signing of contract ). We are not reponsible for her not having her plants sprayed or treated for regular maintainenanc control of shrubs. NOTE: the reason for the the new update on plant design at time of signing of contract was because all the the orginial plants in bed were infested with diseases and over grown when I arrived to meet homeowner for the first time. On the changing of plants from the contract on the Hinko's instead of Twisted Pines; as explained to homeowner at signing of contract if I notice a better quailty plant in the same pricing as speced out for job and in the same plant scheme as designed out in design I will make a call on that part. But when a customer picks a plant out that cost more than what is speced out in design pricing they are charged for just cost of plants and also she added more plants to design than what was in design layout when we installed the 3 Cleyeras. As to returning the plants back to[redacted] you cannot return a produce as the Hinko which is in a B&B ( ball & burlap ) if the burlap has been removed , we always remove it for installation for better growth. Jonathan would not take them back. Also the twisted pines had a disease on the trunks ( Bores ) and after talking to the nursery the plant was very prone to that and that's why they were changed to the Hinko's (more of a disease resistant plant), which was explained to Mrs [redacted]. We only get the final payment of job when the customer is happy with job and a final walkthru is done; as we did. If we provided poor workmanship in our business ,we would not have been able to stay in business for 20 yrs. We try to provide the best quailty service as we can to each customer we have. As for the 7 azaleas I will replace, as I mentioned to her; but also as I told her I was not going to replace them while tempertures were still hot or warm for better survival rate. We replace plants in winter time while plants are dorment. If another landscaper does replace them, I feel we are not responsible for any refund to the customer, for that action the customer has taken. Thank you,[redacted]Leisure Scapes LandscapingConsumer Response (The consumer indicated he/she DID NOT accept the response from the business.)Herbi Systems takes care of any treatment we need on our plants. We also have a sprinkler system in both flowerbeds and Mr. [redacted]'s watering instructions were carried out to the letter. As a matter of fact, he assured me that the plants woulde do well since we have a sprinkler system. Mr. [redacted] used the Hinkoi plants in his own yard. I should be reimbursed for the cost of those plants since he is using them (per his conversation with me that he would use them in his own yard because he loves them). The Hinoki trees retail for approximately $225 while the Cleyera cost approximately $180 per[redacted] where he purchased the plants. That is a difference in his pocket of $135 for those 3 plants. Remember that I had already paid for the Hinoki trees the first time he was supposed to plant the twisted pine needle trees. He chose Hinoki instead of the twisted pines because he said the others didn't look good.The Hinoki was the ugliest thing I've ever seen and I told him I hated them and asked for Cleyeras instead (which were cheaper than the Hinoki). After he planted the first flowerbed in May, I immediately asked him to replace one azalea bush because it was dying. All the others around it were healthy looking, so it wasn't as bedding or watering problem. He told me he would be out to replace it. He never called and never showed up. After I asked him to replace the azalea bush in front of the house that looked like a dead weed, he told me he would replace that one and the one I had asked about earlier; however, he never did and refused to answer my numerous text messages and phone calls . My husband finally got him on the phone using his phone instead of mine. I feel that since Mr. [redacted] didn't recognize the number, he answered the phone. He told my husband he would replace the plants that week (no problem). Months later, he still hasn't replaced anything. I am requesting the money I paid in labor and for the plants (azaleas and knock out rose bushes that were infected). Also, after filling out this complaint, I notice that one of the cone flowers he planted did not survive. I still want an itemized statement that I requested months ago showing how much I paid in labor and plants for both beds. Any reputable landscaper would give a customer an itemized bill. By the way, nothing was overgrown in the beds. We always keep our bushes trimmed and treated by Herbi Systems. You can contact Herbi Systems if you want. We've been paying them for years to handle our yard and bushes. Also, Mr. [redacted] prepared both beds, so if there was any problem with the bed, it was because it was not prepared properly. I am requesting the $456 that I paid him when he insisted I pay for the plants he replaced the Hinoki trees with since he is using them in his own yard. I will get someone else to do the work on the other bed and replace the knock out roses that are diseased. I would like reimbursement for those rose bushes as well. I myself will pay someone else for the labor. After that I will call this a closed complaint.Final Business Response Mr[redacted], After reading the repeply from Mrs [redacted]. As I stated in first reply she has a one warranty on plants , only if the customer is taken care of them ( if there is human error on caring of them warranty is voided ) I have no control on what type of care they do on plants . From my experience & knowledge from looking at plants in existing bed before work was done Yes plants were trimmed but also infested with dieseases. AS I replied we will not pay someone else to install plants or replace them. Nor will I reimburst the money for Hiniko plants that she wanted changed out for another plant .AsI stated those plants could not be returned after B&B where broke . We do not supply itemized break down on plants , nor at the signing of contract was it broke down. We have conducted our contacts the same way for many years as we"ve been in business and never had this problem. Also the warranty really only covers dead plants. Thanks [redacted] Leisure Scapes Landscaping