Ness LLC

In response to the two complaints from [redacted]
 
I appreciate the opportunity to address the questions and concern that were listed in the complaints. It is important to separate fact from opinion, so I will give the context of the issues and list out the items from both...

complaints and answer them. 
Three years ago Ness LLC was asked to provide a proposal to install a drainage system in the crawlspace, a drain system along the fence on the berm, and replace approximately 75 linear feet of fencing.   This work was necessary because, reportedly, the Homeowners Association was over-watering an adjacent berm.  That subsequently led to taking legal action against the Homeowners Association. Having settled that suit, Mr. [redacted] had the monies needed to proceed with the proposed work.
Mr. [redacted] then signed the explicit contract outlining our scope of work.
Once the drainage system was started in the crawlspace, we proceeded on the exterior to remove the 75 feet of fencing as per our contract
1st  part --
Client:  Do not use this company! Their work is poor they do not stand behind their guarantee!                    After I had work done by this company and the results were obviously below par.=
Ness: Let’s review the facts. 
Client: Doug N[redacted] only wanted to go to court and put a lean on the property! Did not want to resolve the issue. Offered to lower the cost 750 dollars.
Ness: We attempted to discuss and resolve the issues over the 2 months (many times). Each time Mr. [redacted] would state something different. On all those occasions he said he would not write down what the issues were. So in my last attempt on Friday, Sept. 9 and Saturday, Sept.10, he repeated, again, that he would not write anything down. It evident that his story continues to change---depending on how clear his head is from day to day and the time of day. It was common for him to state one thing in the morning, only to change later on in the day.  I EVEN OFFERED TO LOWER THE COST BY $750.00 TO SETTLE THE ISSUE, BUT He REFUSED.  "NO", HE SAID, HE "WANTED A NEW FENCE." THEN I stated, "let’s just have a judge decide." 
Client: This was unacceptable as per the quality was poor and would only last perhaps half the given life span. 
Ness:  The fence was installed according to industry standards.  Furthermore, Mr. [redacted] was told, by Ness, to be certain to weather-seal the boards after we had completed the fencing to prevent premature warping---especially since weather-sealing was not a part of our contract, and the sprinklers were continually spraying on the fence. “See picture A.” 
Client: After asking around I found that they hire inexperienced people and people that have no idea how to do the job and charge top dollar for the work being done. 
Ness:  We have been in business for over 25 years and have thousands of happy customers. Most of our work comes from referrals---both former clients, business professionals--such as contractors---real estate agents, insurance agents, and insurance adjusters. 
Client:  On their web site it states that all employees are bonded. I am not sure what it takes to be bonded but I do believe you need to be able to read the form to get bonded I don't think some of the workers can do this. (My opinion) All the workers were kind and polite but educated enough to complete the job in question professionally? I don't think so. Very poor workmanship. 
A.   Whenever there was a need for a change we promptly made the adjustments in an attempt to be cooperative with his requests---even when we did not feel that it was necessary.  After making the requested changes, we were told that everything was acceptable, only to find out that he found some other questionable item.  As an example, we asked our carpenter to go out on Friday afternoon August 19,2016 to do a couple touch ups requested on the gutter and the gate latch.  When the work was completed, our carpenter asked, "was there anything else?"  He stated, “It Looks ok...but he will look at it later because he had to leave."  So we proceeded to send a bill for the remainer of the two contracts involving the fence and then we got an email that said he was not going to pay for a sub standard fence.
B.   On one particular occasion on June 22, 2016 Anthony my company manager went out to meet and discuss any issues. Ness told Anthony first that the fence was not straight. So Anthony said let's get a level. They did and it showed it was straight and so Ness took it and checked.  It turned out to be straight. Then Ness said the fence was not straight and Anthony said where and there was one post a little out of line, but that was one of three that Ness himself had cemented for a repair he did prior to our starting.  Shortly after that Ness told our carpenter Jason “that guy(Anthony) we sent out does not understand English and did not listen to anything he said and do not send him out or there will be problems. Ness repeated the same to Alfredo, Jason, and myself--that Anthony and the guys could not understand plain English.
1.    Anthony, is African American, and is a key manager of Ness who has a graduate degree and owned his own successful, licensed and insured restoration business in New York.  I get great compliments from all our client on how thorough and professional he is.
2.    Jason, our carpenter is a college graduate as well.
3.    Alfredo and Rafa, the drainage foremen and project managers for the drainage and restoration departments, were born here in the USA, educated in Nampa and have successful families, worked for me for 10 years, and they both are of Hispanic decent. We get many compliments on their professionalism every week. Unfortunately, there are people that do not believe that other races are equal. 
C.   There are a number of other such dubious assertions that are not mentioned .
 
 
Customer’s Statement of the Problem:
Client:  Ness LLC had replaced my fence in such poor quality that it should be replaced. Nails go thru the pickets 1/2 way if not more nails poke thru the 2x4 on the other side, it is not straight. I complained about the nails poking thru and they came back and ground them off now I have exposed metal and grind marks on the back side of the fence Now I will have rust marks from the rusty nails.
Ness: When he came to us and said nails were extruding through some of the boards an 1/8”, Mr. [redacted] specifically told our carpenter and our crew, that he wanted the nail tips ground off. So we did what he wanted. “See picture B”
He said the fence was not straight, the only fence section not quite straight is where [redacted] put 3  fence posts in himself. The fence follows the side walk, “See fence pictures C”
There is one other location where the 2 by 4 on the back fence that is warping and is affecting the fence, but the sprinklers spray on it every day and the fence isn’t sealed as it should be. (See pictures D) 
Client: With the nails going thru the pickets 1/2 way if not more the integrity of the picket is compromised leading to a short life span of the fence.
Ness: According to other fencing contractors when “nails get sunk deeper into the picket it does not shorten the life of the fence--"the fence will have to rot before they can come lose," they tell us.  This is common to many fences.  Some of the nails we installed are sunk into the pickets, but that would not lessen the life of the fence. (See pictures E) 
Client: Ness LLC was 4 dollars more than a fencing company that knows what they are doing. I expect to have a fence of such quality. What I have now is a mockery. 
Ness: Our first contract was for 75 feet, but once we started, he said we had to replace the entire fence, which was adjacent to where we were installing the drainage system.  Furthermore, we told him that he should go with the lower bid, but he said that "we were already there so we should do it." Also the pricing he received from the other contractors did not include the demo of the railroad ties and cement block replacement that we had to do on the corner for about 30 ft, and was not part of our scope of work originally. “See invoice for cement blocks”
Client: They first started putting the pickets up 7/16 to 1/2 inch apart.  I was told for drainage.
Ness: My carpenter put a nail for a spacer in the boards for spacing, which is typical to even out the crooked boards. When [redacted] said that he said he wanted them tight because for privacy and keep kids from teasing his 3 dogs. So we took down 25 feet of fence and put the boards tight on 25 feet of fence we took back down because [redacted] wanted the boards together and started over to put them tight. The spacing of the pickets have nothing to do with drainage. 
Client: If it was for drainage you would not put the pickets in the ground. you would keep them up off the ground to allow for drainage. I was also told that they did that to match what was there prior.
Ness: When we started to install the boards off the ground which is typical, he was emphatic that they be on the ground so the neighbor kids would not tease his 3 dogs. And He said that his original fence touching the ground. So we did what he asked again and put them on the ground. 
Client: The drainage system they put in my yard was a joke as they say they put things back as they were prior. Well, they dug up my yard that had grass and now I don't have grass. I was then asked. " Your going to reseed right?" My response "Well I guess I will have too"
Ness: We took pre and post pictures of the work in the yard. The only grass area we removed was a three foot square section.  He had stated that that was ok because he was going to do other work on the lawn. (Our pictures include the dog trails and many holes they dug throughout the yard.  The areas without grass in the back yard were not as a result of our work). “See attached pictures F” 
Client: This company is a joke. My experience with them and with Mr. Doug N[redacted] has been deplorable. After talking to other people about this company I have found to stay away and that they hire people to do a job they have no clue or experience on how to do the job in question.
Ness: We installed the fence in line with industry standards and by an experienced carpenter who owned his own construction business for 20 years. We have installed many fences. 
Client: Ness LLC seems to not stand by their guarantee that was offered.
Ness: We have not violated any part of our guarantee. We have tried over and over to accommodate Mr. [redacted] by modifying or tweaking our work as per his request.  After which, he would say that it was fine.  But when time to make the payment, he would find something else that was not to his liking.  We would make the so-called corrections, he said it was fine, but finds something else to complain about again and avoid paying. It is a continual moving target trying to accommodate his changes from day to day.
I emailed the invoices originally on 6/28/16 after issues were fixed on the fence and gutter I emailed the invoices again to him on 8/24/16.  He responded on 8/26/16 with this email:
Hello Deb,
 
       We may need to talk about the job and come up with a price.
I don't think its proper to pay top dollar for a so so job.
I also have a question about the dry well.
Where it was dug it is sinking and I do have a small amount of algae growing and standing water still.
[redacted]
On September 9, 2016, Alfredo went and looked at the drywell, when [redacted] had been gone all week and he was only home from 3:30 to 5:00 on Friday. We filled in the small area that had settled a couple inches.  Settling is not uncommon after digging a dry well as deep as 8 feet, and we did go back and fill and compact an additional two inches that had settled. There is no sod over the three foot area as most of it did not have grass on it to begin with (see pictures G.) There was no standing water as was told by [redacted] when he called us for the settling. Whenever there is moist soil in the shade, it is typical to have vegetation growth that starts 
The purchase price of the fence is in two contracts, the original contract that had the drainage and the original 75 feet of fence, the change order for the additional fencing and the cement block work he wanted. The balance of two contracts have not been paid.
 Attachments redacted by Revdex.com. 
See attached two invoices for a total due of, $3890---and I originally said I was willing to credit $750.00 to the full amount  that is due to settle it now and I will stand by that. There are no warranty issues in question.