Marvin's Organic Gardens

Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this does not resolve my complaint For your reference, details of the offer I reviewed appear belowOctober 10, Dear Cincinnati Revdex.com, The included emails, document and invoices will speak for themselvesOf note are: The roof overhang built illegally without a permit from Hamilton CountyThis overhang continued to leak at the door threshold with every rainfall Water drainage issues from roof onto paver patioDownspout drain was not buried under the patio as planned by the contractor, [redacted] ***In fact an added downspout appeared alongside the one original one which added more of a water load onto the paver patio Soil erosion issues onto the paver patio not addressed by contractor ( [redacted] ***)In fact he ignored my comment of concern and stated the problem did not exist [redacted] ***'s statement that Marvin's Gardens " will cover any related expense due to our workmanship or lack thereof." Another statement from [redacted] was" Our main focus is that you are totally satisfied and I am not at all concerned with payment until all issues are taken care of." Followed by this statement from [redacted] ***: " I want to make you happy with all aspects of your project and will do whatever it takes, as I will see to that." This is my comment and it and supporting documents and emails for your examination The endpoint with [redacted] was that in October, his subcontracted workers came out and dismantled that gazebo that his subcontractor [redacted] had installedWe could not come to an agrement with the money he claimed I owed himThis was due to lack on his part of addressing the ongoing issues as outlined above and being unwilling to "cover any related expense due to our (Marvin's Gardens) workmanship or lack thereof" I request that you will provide me with at written statement after you have reviewed that information included in this FAXAs stated before I would like a letter of apology from Marvin's Gardens and an statement from them that indeed they did not produce a usable backyard space for me due to the ongoing issues that they caused Regards, [redacted]

RevDex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this does not resolve my complaint. I am faxing all written info and copies of the communication I had with Marvin's Organic Gardens/the owners of Marvin's Organic Gardens and the subcontractor that Marvin's Organic Gardens employed to construct my project. I will be faxing them to you this morning, October 10, 2014. Thank-you for your consideration of this information that I have provided. [To assist us in bringing this matter to a close, we would like to know your view on the matter.] Regards, [redacted]

Hello ***,
It was nice speaking with you today The following response relates to ID
***. I received a letter regarding concerns of customer *** ***. As discussed, there are always two sides. The following is our official response to above mentioned customer
I have been in a positive service relationship with *** *** for several years. She most recently accepted a project that included a paver patio, block wall, cedar gazebo and porch stair/landing with roof. The portion of the service that is in dispute is the roof installation on the porch. Customer observed leakage post roof installation and so we made a few adjustments, and the leak continued. We asked the customer if we could make further adjustments, and *** prevented us from correcting her roof, and said she would personally take care of the roof herself. This is of course, uncustomary, as we are usually allowed to make changes to a project and adjust accordingly to correct any area of a project that does not meet the customers expectations. This was considered a labor and material breach of contract because we were impeded from completing said project. The customer observed that we did not receive a permit to complete the roof, and this was true. At that point, we could have simply acquired the needed permit, fixed the roof and completed the project. This was not an option according to the customers wishes, and we respected their decision. Typically, when a customer breaches our contract we immediately get our lawyers involved. We did not take this action, because we believed the homeowner would make the right decision, and allow for an amicable agreement to be made. We made the honorable choice, and refunded *** for the entire cost of the roof project, even though we had already invested our time and materials. A total refund for the roof was not good enough for said customer. She demanded that we pay to have her new roof built as well as being refunded 100% for the roof we built. She would not permit us to come on her property to recover our materials for the roof we built either, so the project was a double loss for us, as it was. *** was also unhappy with the positioning of her downspout pipes, and wanted to have them buried, which we gladly agreed to doShe never did allow us to correct her downspouts, so I also refunded her for the downspout work 100%. This was still not good enough. *** impeded our ability to acquire needed permits and then tried to charge us for permits that she personally obtained for her new roof contractor, non related to our business agreement. Customer took months to acquire needed roof permit, which was due to her negligence in the process. Furthermore, said customer decided that she not only wanted us to pay for her new roof and permits, but also decided not to pay her balance due for her gazebo, which cost almost 4x what her roof cost. Customer liked their cedar gazebo and had no issues with that work, yet refused to pay us for over months for services rendered. Prior in this process, I set a meeting with said customer to discuss ways we could move forward peacefully and amicably. She explained what she was unhappy about, and I provided solutions to make amends. I thought we were getting back on the same page again, and she again denied us access to make corrections to her drainage work. We decided to speak with our lawyer about this matter. He said that we have a strong case against them because they breached our contract, and he also said that it is unlawful, unless otherwise agreed upon, to force a service provider to pay for another service providers services. After nearly months, I again reached out to said customer as I had been doing monthly, to try to resolve their long overdue balance. She had no interest in paying for her gazebo, so I suggested that we reclaim our gazebo to try to recuperate a small portion of our losses on the projectCustomer agreed. My lawyer put together an agreement that enabled us to come back on the homeowner property, with consent from homeowners. Both parties signed said agreement in the presence of two witnesses. We removed gazebo from customers yard in lieu of any debts owed to us by said customer. Coincidently, the said customer filed their formal complaint with Revdex.com while we were removing said gazeboWe have lost tremendously both materially and financially on said project, and were impeded from completing our contractual obligations. As mentioned, we refunded customer for all portions they were not happy with, and they still want more. The action of our removal of said gazebo was a collective agreement that said customer was content with this removal in lieu of all future payments as well as legal and service actionsWe are currently settled with said customer, and have no plans to make billing adjustments. I will let the facts speak for themselves, and am confident this will not affect our Revdex.com rating. Thank you for your unbiased consideration
* *** ***
Marvin's Organic Gardens, LLC

Hello ***,
This response is in regard to complaint ID *** regarding client *** *** follow up letterI have attached a copy of our mutual release and settlement agreement for the said projectPlease observe both *** and Chad her husband's signatures dated September 16, which fully releases us from all liability and future services related to said projectPlease also note that as I mentioned before, homeowners legally breached our contract by preventing us from correcting challenges on the projectPlease let me know if you need any further evidence regarding this case and I will be happy to forward to youThe signed release agreement should be enough to stand on its own in court and with the Revdex.comAs mentioned, this customer was not satisfied with simply getting their money back for the work they were not pleased withRather, they decided they wanted for us to pay for all the new work that another company was installing them. This is legally questionable and would not stand up in courtPlease feel free to contact my attorney whose information is in the bottom left corner of the mutual release and settlement agreementI am confident this will not affect my Revdex.com grade because we served to this customer affectively and took immediate action to resolve the challenge by simply returning the customers money, no questions asked Please also keep in mind that this customer tried to withhold money from us for over eight months on a portion of the project that was 100% complete and they were 100% satisfied withWe had to take legal action to reclaim our materials because the customer decided that in addition to wanting us to pay for their new projects they were not willing to pay for even the work they were happy with
These let me know if you have additional questions and I will respond promptly
*** ***
Marvin's organic gardens
Sent from my iPad

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below
[To assist us in bringing this matter to a close, we would like to know your view on the matter.] I know that legally *** and Marvin's Garden's have covered all their bases as far as an agreement with the money Yes I did sign that The fact that I want to emphasize is his business practices are not of a high standard First of all the project was presented as an all inclusive amount of money Even though the parts were broken down for the itemization of the bill, it was presented by him that I needed to be satisfied with the whole project before the balance would be paid None of the pieces of the project were up to the standard that he said they would be Here are examples: splits in the deck wood due to poor workmanship lack of placement of adequate drainage for water illegal construction of a roof extention that leaked built by a subcontractor of who had no idea how to properly build one This resulted in water leaks and months of dealing with the county to get the permit My question is with this kind of workmanship displayed to me I could not allow Marvin's Gardens to try to fix the problems when so many things were inadequateWhen I offered my complaints, *** was very willing to let me find someone else to remedy the multiple problems with the project He did not object with this at all Now he states that it was a breech of contractHis other statement of me withholding money from him on parts of the project that were completed up to standard All the parts of this project were supposed to complete a satisfactory and usable living space This never happened Each piece of the project was flawed All I'm asking from you is to consider an adjustment in Marvin's Garden's Revdex.com rating because he is not presenting projects with standards that can not be met by his employees I am one unhappy customer
Regards,
*** ***

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear belowOctober 10,
Dear Cincinnati Revdex.com,
The included emails, document and invoices will speak for themselvesOf note are:
1. The roof overhang built illegally without a permit from Hamilton CountyThis overhang continued to leak at the door threshold with every rainfall
2. Water drainage issues from roof onto paver patioDownspout drain was not buried under the patio as planned by the contractor, *** ***In fact an added downspout appeared alongside the one original one which added more of a water load onto the paver patio
3. Soil erosion issues onto the paver patio not addressed by contractor (*** *** ***)In fact he ignored my comment of concern and stated the problem did not exist
4. *** ***'s statement that Marvin's Gardens " will cover any related expense due to our workmanship or lack thereof." Another statement from *** *** was" Our main focus is that you are totally satisfied and I am not at all concerned with payment until all issues are taken care of." Followed by this statement from *** ***: " I want to make you happy with all aspects of your project and will do whatever it takes, as I will see to that."
This is my comment and it and supporting documents and emails for your examination
The endpoint with *** *** was that in October, his subcontracted workers came out and dismantled that gazebo that his subcontractor *** *** had installedWe could not come to an agrement with the money he claimed I owed himThis was due to lack on his part of addressing the ongoing issues as outlined above and being unwilling to "cover any related expense due to our (Marvin's Gardens) workmanship or lack thereof"
I request that you will provide me with at written statement after you have reviewed that information included in this FAXAs stated before I would like a letter of apology from Marvin's Gardens and an statement from them that indeed they did not produce a usable backyard space for me due to the ongoing issues that they caused
Regards,
*** ***

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint I am faxing all written info and copies of the communication I had with Marvin's Organic Gardens/the owners of Marvin's Organic Gardens and the subcontractor that Marvin's Organic Gardens employed to construct my project I will be faxing them to you this morning, October 10, Thank-you for your consideration of this information that I have provided
[To assist us in bringing this matter to a close, we would like to know your view on the matter.]
Regards,
*** ***