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Nelson Land Care

44 S Main St, Rittman, Ohio, United States, 44270-1438

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Contract was not completed in time frame committed to. Work still outstanding

Nelson Land Care Response • Dec 10, 2019

[AKRON Revdex.com COPY FROM ATTACHED]

On December 3, 2019, my office received a complaint through the Revdex.com, ID #***, regarding work performed for the claimant. The work to be performed was described in detail in Estimate #***, signed by the customer on August 1, 2019. That signed estimate, along with a break down of services given to the customer is attached for your reference. The purchase date listed on the complain is 6/25/19; however, you can see by the signed estimate that we didn’t even have a signed agreement until August 1, 2019. All work was completed PER OUR SIGNED AGREEMENT, and our landscape foreman met with the customer on 10/9/19. On that date, the customer and *** representative walked the property, the lawn installation warranty was discussed, and the customer signed our job completion form. The job completion form with signature indicates customer satisfaction with the landscape project installed by *** Land Care, Inc and that you (the customer) agree to the terms and conditions of service.” Per our agreement all work has been performed and was signed off on by the customer.In reference to the phone calls received by the claimant, my office received one phone call on 12/2/19 regarding an issue with ponding water in their septic field. As you can see from our job description, there is no indication of work being done due to ponding water, nor had my office received a complaint before 12/2/19.

While we were made aware of the issue, the customer complaint is due to a matter of settling dirt after over 300 Tons of dirt was installed on the property, per our signed agreement. This is obviously beyond the scope of work we were initially contracted for and happens due to circumstances beyond our control, mostly natural weathering processes. In reality, it can take years, or even decades for that much dirt to settle, again beyond our control.

Our foreman has spoken with the customer on several occasions and indicated that we would come back out and take a look at it to see what we can do to remedy the situation, even though it happened due to natural causes, and was nothing we expressly did. Because the job was signed off on, we cannot just drop our other customers to try to appease this single incident and have also expressed to this claimant that we are currently waiting on the weather to cooperate, as it has been raining copiously over the last few months. We have had over 5” of rain in the last two months making it physically impossible to put any equipment on their newly installed lawn without causing damage, that we then would then be responsible for fixing, on top of fixing an issue, that was beyond our control to begin with. Unfortunately, this claimant doesn’t feel understand these are legitimate reasons. Our contracted work has been completed in its entirety and was accepted by the claimant at time of completion. There is nothing more for us to do than wait on the weather.Amanda *** Office Manager Nelson Land Care, Inc

Customer Response • Dec 17, 2019

I am rejecting this response because:

ponding on the south side of septic mound was discussed but apparently not incorporated into contract.

My father in law Jim *** discussed this with Gerald and I have also texted him and he replied back that he understood what needed to be done as well asked if there was another way
to enter he property. I have these text. I did call the office prior to the 12-2-2019 call and they would tell me the same story, they would have someone get back to me. No one from the office
has contacted me except for text from Gerald. That's fine, after reading through the contract I see it no where states for mound area to be graded or filled but it was discussed and agreed upon by
***. I feel they have taken advantage of the situation of working with my father in law. I sat back on this one and should have been more involved upfront as I trusted the integrity of this company.
Gerald you know what was supposed to be done and done correctly, no problem it will catch up to you in the future, thanks for the half done job. By the way we did not walk the property as I trusted all the work was complete.

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Address: 44 S Main St, Rittman, Ohio, United States, 44270-1438

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+1 (440) 580-4203

Web:

www.NELSONLANDCARELTD.COM

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