We absolutely DID NOT give the customer an ultimatum to pay up front for his project work. This is untrue. He gave us money so we could complete while he was away. For that very reason, we knew he would be gone.I understand the contractor's law since I have been a landscaping contractor for over 15 years and yes I did take the whole money upfront and not that 10% required. Rest assured this is something that I will never do again. This was only based on the circumstances that he was going to be away for 3 weeks and he wanted the job complete while he was away. We both agreed that he was going to pay upfront for the project. Again, there was never an ultimatum to pay up front for his project.Further, he did not make mention of the payment ultimatum in his original complaint nor did this come up during the project.Let me know if you have any further questions or concerns.Respectfully,[redacted] Point Loma Landscape Owner
My original complaint centered on five issues related to Mr. [redacted]’s performance in completing the landscaping work to which I had in good faith agreed. That good faith was based on both oral and written communications, and his professed expertise in creating watersmart yards by removing grass ground cover and replacing with it with pavers and drought tolerant plants. I relied on his purported years of experience and plant knowledge to select the appropriate plantings and accepted his recommendations without any changes.Specific Responses to Mr. [redacted]’s Letter• Opening StatementThe project was not completed six months ago and there were numerous complaints/requests to Mr. [redacted] to finish the job. The job was scheduled to be completed in August but Pt Loma Landscaping ceased working on the job in late October when Mr. [redacted] ceased to respond to my calls, texts and emails and unilaterally deemed it complete. It is not true there have been no complaints or that no calls were ever placed to Pt. Loma Landscaping. I emailed, texted and called innumerable times. It is true he has an answering service but all they do is take messages and tell you that Mr. [redacted] will get back to you – which he may or may not do in a timely manner.When he did respond, Mr. [redacted] would say that he would finish the work tomorrow, or next week or some other time. Sometimes he was waiting for materials sometimes no reason was given. Mr. [redacted]’s texts turned to rude and insulting rants during this September – October timeframe and he stated that he would no longer respond to my calls but would have a worker finish the job. As I continued to pursue a timeline for completion through texts and emails, Mr. [redacted] informed me in a raving text that he felt threatened and refused to come to my house any more. He said he was afraid he would have a heart attack on my property.It was only after the passing of time and the realization that I was going to get no satisfaction from Mr. [redacted] directly, that I notified Revdex.com of my dissatisfaction with Mr. [redacted] and Pt. Loma Landscaping. His comment that he has not had any complaints since 1998 is belied with a cursory review of social media reviews.• Up-front PaymentMr. [redacted] required full payment up front since I was going to still be at sea after the work was to have been completed and I would have been unable to pay him until my return. This is a clear violation of the law as notably indicated in capital bold letters on Mr. [redacted]’s Home Improvement Contract which he appended to his response letter to Revdex.com:“IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIVERED. HOWEVER, A CONTRACTOR MAY REQUIRE A DOWN PAYMENT.”The contract also clearly states that, “the down payment may not exceed $1,000 or 10% of the contract price whichever is less.” I did not ask to pay upfront but was presented with the ultimatum that to have the work done and completed while I was at sea for three weeks, I would need to pay for the whole project otherwise I would have had to wait until I got back to get the project started.At that point in our business dealings, I felt I could trust Mr. [redacted] to complete the work as we discussed. He was, after all, a nearby neighbor so I was okay with paying him the full amount before any work had been done. I did not realize it was against the law for him to accept anything more than 10% of the contract price. I should have asked him about the payment language in the contract but, again, I was deferring to his knowledge and expertise is these matters since it was his business. I do believe that had Mr. [redacted] not already been paid for the whole project, he would have been more responsive to my complaints.Mr. [redacted] is correct that I was not upset when I returned after three weeks at sea and found the project was not completed. I was disappointed but understood delays happen and Mr. [redacted] assured me the project would be completed in short order. Work did commence and all seemed to be going well initially after my return. The irrigation proved to be a further delay and along with the weeds, was the biggest cause of the subsequent complaints. Without the irrigation system functioning, the plants were not receiving an adequate amount of water as my schedule at this time kept me from home for lengthy periods of time. This is why I endeavored to instill a sense of urgency in Mr. [redacted] to complete the irrigation work. During this time, Mr. [redacted]’s reluctance to finish the project turned to intransigence and my repeated pleadings were met with unfulfilled promises and the unilateral decision by Mr. [redacted] not to be personally involved in the project anymore-- and then ultimately to deem the project complete despite my unresolved complaints.• Pricing and Schedule DelaysAll work was not completed according to contract and estimate. The contract estimate (#[redacted]) did not discount all items as Mr. [redacted] claims. Work was removed from the original estimate to arrive at the contract price. The pavers were not installed at $6.00/sq ft as they were 15 years ago, but rather, they billed out at $9.00/sq ft as shown on the contract estimate.I’ve had other contractors come out, partially to remediate the Pt Loma Landscape work and partly for other things, and they have been unanimous in their opinion that the amount I paid for the work was well in excess of what should have been charged. It is disappointing that Mr. [redacted] deigns to lecture Revdex.com on what is or isn’t a contractual or business issue. His response reads like an admission of guilt when he asserts there is no standard contractor charge established by the State of California.Contrary to the assertion in his letter, Pt Loma Landscape did intentionally stop work on my project when the owner refused to meet with me or discuss the remaining outstanding items to be completed. With respect to the schedule and condition of the project when I returned home, I was surprised that the project was far from being finished. There were weeds growing everywhere, a dirt pile in the middle of the yard, no plantings and the irrigation system was not operable. Not sure how Mr. [redacted] attributes that to being 85% complete – it sure seemed to me to be a long way from completion – which, in fact, it turned out to be.• The Queen PalmsMr. [redacted] claims he planted all five Queen Palms. There are four Queen Palms planted in the planter strip – none in the yard other than the two existing palms that I already had.It is an established practice to stake or brace newly planted trees until the root system becomes established. Mr. [redacted]’s flippant, sarcastic response that, “a plant is not a structure” is indicative of his attitude toward me and of the minimal concern and effort he put into this project. Again, I relied on Mr. [redacted]’s supposed proficiency and agreed to both his plant and location recommendations. He said Queen Palms have been used extensively through the area and installing them equally spaced in the planter strip would look best. I agreed and continue to feel that had they been properly installed and irrigated there would not be any issues.The condition of the palms has been a problem since their installation because Pt Loma Landscaping did not include an operable irrigation system or structural support (staking or bracing) when planted. Perhaps they looked perfect the day they were stuck in the ground, but absent adequate irrigation and staking until the root system matured, they certainly aren’t “perfect” now. Mr. [redacted] feels the so-called 30-day warranty was up after 30 days of planting. Not so, in that case the warranty would have been up before the project was completed in late October. And yes, I did complain about the palms dying during the time I was trying to get Pt Loma Landscaping to get the irrigation system operational.In his response to this concern, Mr. [redacted] references his supplemental contract language under paragraph 12, Exclusions, and labels sections (Z), (BB), (CC) as attachment B; all are irrelevant and unrelated to the topic. Exclusion (Z) refers to posts. Mr. [redacted] was clear that he did not provide any structure to support the plants much less a fence post. Section (BB) refers to plant selection which, again, I concurred completely with Mr. [redacted]’s recommendations. Section (CC) refers to damage or oxidation of copper or galvanized pipe not the planting of palms.• The Rain Sensor Again relying on the information provided by Mr. [redacted] to Revdex.com (attachment C), the rain sensor was clearly identified in Estimate #[redacted] under Phase III – Irrigation, Line 35: “Auto irrigation system installed using Hunter components purchase from our commercial supplier Horizon Irrigation. Will automatically water with water saving mini drip fan spray emitters.System will not operate during rain.”(Emphasis added)Lines 36 - 41 detail the Hunter irrigation components included in the $1,500 cost for Phase III – Irrigation, including Line 40 for a Hunter mini click rain sensor. Mr. [redacted]’s response acknowledges the sensor was listed but that it wasn’t “priced”. I believe it was included and priced into the irrigation work. The rain sensor is expressed in the contract and the contract price was not munificently lowered for the same work – it was reduced by the removal of work and a reduction of plants. The rain sensor was part of the irrigation phase of work which was finally completed in October after months of delay.Mr. [redacted]’s assertion that the rain sensor was in the contract but somehow assumed not to be required is contrary to the language in his Supplemental Contract: “3. Landscaping & Materials that is assumed included, or that is not expressed in this contract is not included...”. The rain sensor is expressed in the contract.• The Dirt PileA landscaped earth mound was included in the landscape plan/sketch from which the project was developed. Mr. [redacted] verbally acknowledged before I left for sea that it would be landscaped, and again in separate text responses to me in September and October. To his credit, he said he would do it even though he thought it was outside the contract. He never did. His snide remark that the dirt pile will look better once it’s planted is beyond the pale and reflects Mr. [redacted]’s impertinent attitude toward me.• The WeedsI am not an expert in landscaping so I relied heavily on Mr. [redacted] as the expert to come up with a plan for my yard. I was aware, however, that one of the major concerns in digging up a yard is the recurrence of weeds and the need for treatment so that the grass doesn’t come back. The San Diego County Water Authority webpage instructs people on the need to utilize an herbicide or other method to control the growth of weeds after turf removal and recommends Roundup as an appropriate herbicide for this purpose. I know now that the recommended treatment is to apply the herbicide to the grass before removing it and to allow the herbicide to penetrate the root system.I was well aware that over time weeding would be an on-going task, but when I returned from sea duty, and while Pt. Loma Landscaping was still completing the job, grass was sprouting up everywhere. When I pointed this out to Mr. [redacted], he asked if I was interested in entering into a maintenance contract to pull the weeds.This is Mr. [redacted]’s area of expertise and he more than anyone as a landscape professional should have been aware of the absolute need to control the weeds. It was his professional responsibility to make sure the grass was removed and eradicated. If he used Roundup and a single application proved ineffective then he should have applied it again or used some other weed barrier but he originally indicated there would not be a need after the Roundup application other than for normal weed maintenance – which I fully understood.Mr. [redacted] again points to the fine print in his Supplemental to support his attempt to avoid culpability. Related to the question of weeds he circles paragraph 3 as attachment D which I referenced above related to the rain sensor, but the paragraph goes on to state:“We encourage you to ask questions regarding any options you may consider a necessity, such as weed fabric, root barriers, rain sensor, etc. We cannot be held responsible for information concerning your project that has not been made available to you by P.L.L.”While I’m not sure what not being held responsible for information not made available means, I did, in fact, discuss my weed concerns with Mr. [redacted] and relied on the information and advice he provided -- that the application of Roundup would be an effective treatment.Mr. [redacted] also looks to his attachment E from the Supplemental for support, again pointing to Paragraph 15, Exclusions, section (G) which states P.L.L is not responsible for weed growth after planting unless maintenance is arranged [by the] owner. I am fully cognizant of this and would not dispute that weed growth after the completion of the project was my responsibility had the weeds been adequately addressed at the outset.Attachment E also includes a reference to the wood posts that were referenced in Queen Palm section – also completely irrelevant to this discussion.• The PaversA week after Pt Loma Landscaping deemed my project complete in October, sand between the paver joints washed out leaving gaps which allowed the pavers to become loose and move when stepped on. It is true this happened after some rainfall but it was well after we received the deluge of rain in September that Mr. [redacted] attempts to blame. Mr. [redacted] trades on his claim that Pt. Loma Landscaping is a certified installer of Keystone RCP block and brick. I relied on his professional knowledge and expertise to install a permeable brick patio surface. I don’t know why the sand washed out; I would expect Mr. [redacted] to come out and view the condition and offer an explanation other than trying to blame the rain. If he built it correctly, as a craftsman, I’m surprised he’s not curious as what happened. As a businessman, I would think he would want to stand behind his work.Thank youSincerely,[redacted]
I am writing this letter in response to complaint from [redacted], ID[redacted]. This specific project was completed over 6 months ago with nocomplaints. We do offer 7 days a week, 24hr answering service availableand no calls were ever placed to our company since completion nor have anyemails or...
letters (regular or certified) been received with complaints to ourcompany from Mr. [redacted]. We finished all work on a handshake. Mr. [redacted]was kind enough to let us leave our Point Loma Landscape sign on hisproperty for weeks after the project was completed. We remained in contactwith Mr. [redacted] answering all correspondence during work except when Iwas out of the country.We received notice of this complaint through my answering service from[redacted] at Revdex.com San Diego on 2-2-16. I returned the phone callimmediately. Our company has not had any complaints since we reachedaccredited status in 2008. Point Loma Landscape values our past andpresent customers business and always responds on our own or with Revdex.comassistance.Note: Since the complaints are not numbered. I have taken the actualcomplaint text and inserted my response below customer statement so as toensure all comments are responded to in detail.Customer Statement:I paid him all of the money up front because I was going to be out of town while the work was supposed to be completed. He seemed like somebody Icould trust to satisfactorily complete the work. I was very wrong.Point Loma Landscape Response:Customer asked if he could pay us up front for the project since hewas on duty. I told him yes, it would be completed according tocontract signed. As long as there were no problems with materials.We did have a problem with obtaining the 1 gallon Eugenia’s, 5gallon queen Palms, and 5 gallon Satsuma Tangerine from ourwholesale suppliers. They did arrive and project was completedapproximately 10 working days after he returned home. He did notappear to be upset nor did he complain about the time frame issue.He stated he understood. This project was completed over 6 monthsago . All delays were due to material availability and project wascompleted. Again, Mr. [redacted] allowed us to keep our Point LomaLandscape sign on his property for weeks after the project wascompleted.Customer Statement:Overall he significantly overcharged me for the work, and went way over thecompletion date (several months over). He knew I was going to be out oftown and took advantage of that by stopping the work. I returned expectingthe work to be complete; however it was nowhere near complete. When Ifinally got a hold of him he offered no explanation for why it was notcomplete. Here are my specific outstanding grievances. –Point Loma Landscape Response:We’ve addressed delays above. All work was completed according tocontract and estimate. We supplied an itemized estimate detailingthe work along with a contract that was reviewed and signed bycustomer. (See estimate [redacted] and supplement to contract).We believe that we properly provided a priced estimate of theproject prior to Mr. [redacted] agreeing to go with our company. (Seeestimate [redacted] and supplement to contract). Mr. [redacted] did not haveto choose our company if he felt the pricing was unfair. Further, this is not a contractual or business related issue. There is no standardcharge outlined for contractors by the State of California. Wedisagree that he was overcharged. We installed his pavers for thesame cost per square foot as we did 15 years ago @ $ 6.00 sq ft.from the original quote of $ 9.00 sq ft. PLL discounted all items andreduce pricing by $ 2,921.00 (see original estimate 990 and updatedestimate [redacted]). We reduced pricing since our customer was on abudget and tried to offer pricing concessions.Point Loma Landscape has never intentionally stopped work on aproject or taken advantage of a customer since 1998 start ofbusiness. We completed his project except for the planting when hearrived home. And all planting was completed 10 days upon hisreturn. His project is 1 block away from my home so scheduling andfinishing was not an issue at the time. This is not true and webelieve Mr. [redacted] is confused and/or mistaken.To be specific, we had 85% of the work completed when hereturned. We had completed demo, dump runs, hauling, grading,paver, patio, irrigation valves, and controller. We cannot judge fromhis statement “Nowhere near complete”. Again, the planting delaywas discussed and he understood at the time. It has been 6 monthssince completion of project.Customer Statement:The contract included the planting of 5 palms. He only planted 4 -He did notput in adequate structural support for the palms that he did plant. Now theyare falling over and getting stuck in peoples car doors when they park on thestreet next to them. –Point Loma Landscape Response:We planted all 5 Queen Palms. One in patio and four in the street.There is no structural support for a palm. It is a plant not astructure. They looked perfect at time when project was completed 6months ago. Our contractual agreement on plants ended 5 monthsago. We had a 30 day warranty on plants. No call or complaint hasbeen made thus far. Our contract # [redacted] dated 07/23/15. #11(see attachment A) was reviewed and initialed by Mr. [redacted].In addition, Mr. [redacted] instructed us where to plant and notated onplan. .There is a possibility that the cars or people walking next tothem damaged the palms. We have a high amount of pedestriantraffic in [redacted]. We have exclusion in our contract that PointLoma Landscape is not responsibility for environmental damage (seeattachment B) nor did we have a monthly maintenance contract forongoing care of property. Also, no complaint was made once projectwas completed.Customer Statement:The contract included a rain sensor. No rain sensor was installed. –Point Loma Landscape Response:Contract did list sensor but it was not priced our or charged for in estimate(see attachment C). It was not included as explained when welowered the price by $ 2921.00 for same work to be within yourbudget. Therefore, it was not installed nor did customer complainuntil now.Customer Statement:He put a big pile of dirt in my front yard, called it an "earth mound" andverbally committed to putting plants in it. Five months later there are still noplants in it and I just have big pile of dirt sitting in my yard. –Point Loma Landscape Response:Mr. [redacted] agreed to the mound. Our original estimate dated7/15/15 did include plants for the mound. These plants wereremoved from the estimate when budgetary constraints entered theconversation. The revised estimated dated 7/23/15 which was usedfor final project did not include plants for mound. (See originalestimate 990 and updated estimate [redacted]). Landscaping is verysubjective and the mound will look better once planted. All plants were planted in exact locations on plan and per owner’s instructions.We do not agree.Customer Statement:He did not install any sort of weed barrier or satisfactorily treat the areaagainst weeds. Before he even said he was complete with the job, therewere very tall weeds growing up all over the yard. He did not even pull themprior to calling the job complete. –Point Loma Landscape Response:Weed barrier was recommended and explained and reviewed duringcontract review. Customer initialed the weed barrier statements onpage 2 and page 3 of the contract. And agreed we were notresponsible for weeds. The weed barrier was not included in thecontract or estimate or paid for by customer. (See attachment D) Wepulled weeds on his project and removed the roots several times. 3times total (2 times at no charge). He did not perform any generalmaintenance to his property after we completed the project. Webelieve he could have easily avoided the weeds, had he performednormal maintenance on property. Further, we explained in depth andinitialed by owner that we are not responsible for weed seeds in soiland that weeds can grow in a week. We explained you needmaintenance and how beauty and maintenance for hand in hand.(See attachment E, letter G)Customer Statement:He put in pavers and used sand between them. He did not put in any sort ofborder or sealant to keep the sand in. Now I have sand everywhere and biggaps between the pavers because the sand is gone.Point Loma Landscape Response:We explained the installation process from our supplier, RCP Block and Brick.We used all exact recommended products for installation and installationtechniques from Supplier. We are certified installers for RCP. Also, stabilizedgranite (Sand) is required to keep them permeable and to qualify for Staterebate program (which Mr. [redacted] received). The installation steps areoutlined in our estimate to Mr. [redacted] prior to performing work andcompleting project.We also installed a redwood border at every stone along every edge isconcreted in place.With our rain and flooding making world news, we believe DG and eartharound edges has eroded and washed away in our torrential rain storms.These pavers are permeable pavers and what makes them permaeable is thegaps between them. I explained this several times and is listed in (estimate[redacted], Phase II Hardscape, #14 and #15) and contract.In addition to attachments A-E mentioned above. We have also enclosedcopies of the following documents:1. Original estimate 990.2. Updated estimate [redacted] which was used in final project and estimate.3. Home Improvement Contract # [redacted]4. Notice of cancellation5. Supplement to Home Improvement Contract [redacted].Please let me know if you have any questions.Respectfully,[redacted]Owner
We absolutely DID NOT give the customer an ultimatum to pay up front for his project work. This is untrue. He gave us money so we could complete while he was away. For that very reason, we knew he would be gone.I understand the contractor's law since I have been a landscaping contractor for over 15 years and yes I did take the whole money upfront and not that 10% required. Rest assured this is something that I will never do again. This was only based on the circumstances that he was going to be away for 3 weeks and he wanted the job complete while he was away. We both agreed that he was going to pay upfront for the project. Again, there was never an ultimatum to pay up front for his project.Further, he did not make mention of the payment ultimatum in his original complaint nor did this come up during the project.Let me know if you have any further questions or concerns.Respectfully,[redacted] Point Loma Landscape Owner
My original complaint centered on five issues related to Mr. [redacted]’s performance in completing the landscaping work to which I had in good faith agreed. That good faith was based on both oral and written communications, and his professed expertise in creating watersmart yards by removing grass ground cover and replacing with it with pavers and drought tolerant plants. I relied on his purported years of experience and plant knowledge to select the appropriate plantings and accepted his recommendations without any changes.Specific Responses to Mr. [redacted]’s Letter• Opening StatementThe project was not completed six months ago and there were numerous complaints/requests to Mr. [redacted] to finish the job. The job was scheduled to be completed in August but Pt Loma Landscaping ceased working on the job in late October when Mr. [redacted] ceased to respond to my calls, texts and emails and unilaterally deemed it complete. It is not true there have been no complaints or that no calls were ever placed to Pt. Loma Landscaping. I emailed, texted and called innumerable times. It is true he has an answering service but all they do is take messages and tell you that Mr. [redacted] will get back to you – which he may or may not do in a timely manner.When he did respond, Mr. [redacted] would say that he would finish the work tomorrow, or next week or some other time. Sometimes he was waiting for materials sometimes no reason was given. Mr. [redacted]’s texts turned to rude and insulting rants during this September – October timeframe and he stated that he would no longer respond to my calls but would have a worker finish the job. As I continued to pursue a timeline for completion through texts and emails, Mr. [redacted] informed me in a raving text that he felt threatened and refused to come to my house any more. He said he was afraid he would have a heart attack on my property.It was only after the passing of time and the realization that I was going to get no satisfaction from Mr. [redacted] directly, that I notified Revdex.com of my dissatisfaction with Mr. [redacted] and Pt. Loma Landscaping. His comment that he has not had any complaints since 1998 is belied with a cursory review of social media reviews.• Up-front PaymentMr. [redacted] required full payment up front since I was going to still be at sea after the work was to have been completed and I would have been unable to pay him until my return. This is a clear violation of the law as notably indicated in capital bold letters on Mr. [redacted]’s Home Improvement Contract which he appended to his response letter to Revdex.com:“IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIVERED. HOWEVER, A CONTRACTOR MAY REQUIRE A DOWN PAYMENT.”The contract also clearly states that, “the down payment may not exceed $1,000 or 10% of the contract price whichever is less.” I did not ask to pay upfront but was presented with the ultimatum that to have the work done and completed while I was at sea for three weeks, I would need to pay for the whole project otherwise I would have had to wait until I got back to get the project started.At that point in our business dealings, I felt I could trust Mr. [redacted] to complete the work as we discussed. He was, after all, a nearby neighbor so I was okay with paying him the full amount before any work had been done. I did not realize it was against the law for him to accept anything more than 10% of the contract price. I should have asked him about the payment language in the contract but, again, I was deferring to his knowledge and expertise is these matters since it was his business. I do believe that had Mr. [redacted] not already been paid for the whole project, he would have been more responsive to my complaints.Mr. [redacted] is correct that I was not upset when I returned after three weeks at sea and found the project was not completed. I was disappointed but understood delays happen and Mr. [redacted] assured me the project would be completed in short order. Work did commence and all seemed to be going well initially after my return. The irrigation proved to be a further delay and along with the weeds, was the biggest cause of the subsequent complaints. Without the irrigation system functioning, the plants were not receiving an adequate amount of water as my schedule at this time kept me from home for lengthy periods of time. This is why I endeavored to instill a sense of urgency in Mr. [redacted] to complete the irrigation work. During this time, Mr. [redacted]’s reluctance to finish the project turned to intransigence and my repeated pleadings were met with unfulfilled promises and the unilateral decision by Mr. [redacted] not to be personally involved in the project anymore-- and then ultimately to deem the project complete despite my unresolved complaints.• Pricing and Schedule DelaysAll work was not completed according to contract and estimate. The contract estimate (#[redacted]) did not discount all items as Mr. [redacted] claims. Work was removed from the original estimate to arrive at the contract price. The pavers were not installed at $6.00/sq ft as they were 15 years ago, but rather, they billed out at $9.00/sq ft as shown on the contract estimate.I’ve had other contractors come out, partially to remediate the Pt Loma Landscape work and partly for other things, and they have been unanimous in their opinion that the amount I paid for the work was well in excess of what should have been charged. It is disappointing that Mr. [redacted] deigns to lecture Revdex.com on what is or isn’t a contractual or business issue. His response reads like an admission of guilt when he asserts there is no standard contractor charge established by the State of California.Contrary to the assertion in his letter, Pt Loma Landscape did intentionally stop work on my project when the owner refused to meet with me or discuss the remaining outstanding items to be completed. With respect to the schedule and condition of the project when I returned home, I was surprised that the project was far from being finished. There were weeds growing everywhere, a dirt pile in the middle of the yard, no plantings and the irrigation system was not operable. Not sure how Mr. [redacted] attributes that to being 85% complete – it sure seemed to me to be a long way from completion – which, in fact, it turned out to be.• The Queen PalmsMr. [redacted] claims he planted all five Queen Palms. There are four Queen Palms planted in the planter strip – none in the yard other than the two existing palms that I already had.It is an established practice to stake or brace newly planted trees until the root system becomes established. Mr. [redacted]’s flippant, sarcastic response that, “a plant is not a structure” is indicative of his attitude toward me and of the minimal concern and effort he put into this project. Again, I relied on Mr. [redacted]’s supposed proficiency and agreed to both his plant and location recommendations. He said Queen Palms have been used extensively through the area and installing them equally spaced in the planter strip would look best. I agreed and continue to feel that had they been properly installed and irrigated there would not be any issues.The condition of the palms has been a problem since their installation because Pt Loma Landscaping did not include an operable irrigation system or structural support (staking or bracing) when planted. Perhaps they looked perfect the day they were stuck in the ground, but absent adequate irrigation and staking until the root system matured, they certainly aren’t “perfect” now. Mr. [redacted] feels the so-called 30-day warranty was up after 30 days of planting. Not so, in that case the warranty would have been up before the project was completed in late October. And yes, I did complain about the palms dying during the time I was trying to get Pt Loma Landscaping to get the irrigation system operational.In his response to this concern, Mr. [redacted] references his supplemental contract language under paragraph 12, Exclusions, and labels sections (Z), (BB), (CC) as attachment B; all are irrelevant and unrelated to the topic. Exclusion (Z) refers to posts. Mr. [redacted] was clear that he did not provide any structure to support the plants much less a fence post. Section (BB) refers to plant selection which, again, I concurred completely with Mr. [redacted]’s recommendations. Section (CC) refers to damage or oxidation of copper or galvanized pipe not the planting of palms.• The Rain Sensor Again relying on the information provided by Mr. [redacted] to Revdex.com (attachment C), the rain sensor was clearly identified in Estimate #[redacted] under Phase III – Irrigation, Line 35: “Auto irrigation system installed using Hunter components purchase from our commercial supplier Horizon Irrigation. Will automatically water with water saving mini drip fan spray emitters.System will not operate during rain.”(Emphasis added)Lines 36 - 41 detail the Hunter irrigation components included in the $1,500 cost for Phase III – Irrigation, including Line 40 for a Hunter mini click rain sensor. Mr. [redacted]’s response acknowledges the sensor was listed but that it wasn’t “priced”. I believe it was included and priced into the irrigation work. The rain sensor is expressed in the contract and the contract price was not munificently lowered for the same work – it was reduced by the removal of work and a reduction of plants. The rain sensor was part of the irrigation phase of work which was finally completed in October after months of delay.Mr. [redacted]’s assertion that the rain sensor was in the contract but somehow assumed not to be required is contrary to the language in his Supplemental Contract: “3. Landscaping & Materials that is assumed included, or that is not expressed in this contract is not included...”. The rain sensor is expressed in the contract.• The Dirt PileA landscaped earth mound was included in the landscape plan/sketch from which the project was developed. Mr. [redacted] verbally acknowledged before I left for sea that it would be landscaped, and again in separate text responses to me in September and October. To his credit, he said he would do it even though he thought it was outside the contract. He never did. His snide remark that the dirt pile will look better once it’s planted is beyond the pale and reflects Mr. [redacted]’s impertinent attitude toward me.• The WeedsI am not an expert in landscaping so I relied heavily on Mr. [redacted] as the expert to come up with a plan for my yard. I was aware, however, that one of the major concerns in digging up a yard is the recurrence of weeds and the need for treatment so that the grass doesn’t come back. The San Diego County Water Authority webpage instructs people on the need to utilize an herbicide or other method to control the growth of weeds after turf removal and recommends Roundup as an appropriate herbicide for this purpose. I know now that the recommended treatment is to apply the herbicide to the grass before removing it and to allow the herbicide to penetrate the root system.I was well aware that over time weeding would be an on-going task, but when I returned from sea duty, and while Pt. Loma Landscaping was still completing the job, grass was sprouting up everywhere. When I pointed this out to Mr. [redacted], he asked if I was interested in entering into a maintenance contract to pull the weeds.This is Mr. [redacted]’s area of expertise and he more than anyone as a landscape professional should have been aware of the absolute need to control the weeds. It was his professional responsibility to make sure the grass was removed and eradicated. If he used Roundup and a single application proved ineffective then he should have applied it again or used some other weed barrier but he originally indicated there would not be a need after the Roundup application other than for normal weed maintenance – which I fully understood.Mr. [redacted] again points to the fine print in his Supplemental to support his attempt to avoid culpability. Related to the question of weeds he circles paragraph 3 as attachment D which I referenced above related to the rain sensor, but the paragraph goes on to state:“We encourage you to ask questions regarding any options you may consider a necessity, such as weed fabric, root barriers, rain sensor, etc. We cannot be held responsible for information concerning your project that has not been made available to you by P.L.L.”While I’m not sure what not being held responsible for information not made available means, I did, in fact, discuss my weed concerns with Mr. [redacted] and relied on the information and advice he provided -- that the application of Roundup would be an effective treatment.Mr. [redacted] also looks to his attachment E from the Supplemental for support, again pointing to Paragraph 15, Exclusions, section (G) which states P.L.L is not responsible for weed growth after planting unless maintenance is arranged [by the] owner. I am fully cognizant of this and would not dispute that weed growth after the completion of the project was my responsibility had the weeds been adequately addressed at the outset.Attachment E also includes a reference to the wood posts that were referenced in Queen Palm section – also completely irrelevant to this discussion.• The PaversA week after Pt Loma Landscaping deemed my project complete in October, sand between the paver joints washed out leaving gaps which allowed the pavers to become loose and move when stepped on. It is true this happened after some rainfall but it was well after we received the deluge of rain in September that Mr. [redacted] attempts to blame. Mr. [redacted] trades on his claim that Pt. Loma Landscaping is a certified installer of Keystone RCP block and brick. I relied on his professional knowledge and expertise to install a permeable brick patio surface. I don’t know why the sand washed out; I would expect Mr. [redacted] to come out and view the condition and offer an explanation other than trying to blame the rain. If he built it correctly, as a craftsman, I’m surprised he’s not curious as what happened. As a businessman, I would think he would want to stand behind his work.Thank youSincerely,[redacted]
I am writing this letter in response to complaint from [redacted], ID[redacted]. This specific project was completed over 6 months ago with nocomplaints. We do offer 7 days a week, 24hr answering service availableand no calls were ever placed to our company since completion nor have anyemails or...
letters (regular or certified) been received with complaints to ourcompany from Mr. [redacted]. We finished all work on a handshake. Mr. [redacted]was kind enough to let us leave our Point Loma Landscape sign on hisproperty for weeks after the project was completed. We remained in contactwith Mr. [redacted] answering all correspondence during work except when Iwas out of the country.We received notice of this complaint through my answering service from[redacted] at Revdex.com San Diego on 2-2-16. I returned the phone callimmediately. Our company has not had any complaints since we reachedaccredited status in 2008. Point Loma Landscape values our past andpresent customers business and always responds on our own or with Revdex.comassistance.Note: Since the complaints are not numbered. I have taken the actualcomplaint text and inserted my response below customer statement so as toensure all comments are responded to in detail.Customer Statement:I paid him all of the money up front because I was going to be out of town while the work was supposed to be completed. He seemed like somebody Icould trust to satisfactorily complete the work. I was very wrong.Point Loma Landscape Response:Customer asked if he could pay us up front for the project since hewas on duty. I told him yes, it would be completed according tocontract signed. As long as there were no problems with materials.We did have a problem with obtaining the 1 gallon Eugenia’s, 5gallon queen Palms, and 5 gallon Satsuma Tangerine from ourwholesale suppliers. They did arrive and project was completedapproximately 10 working days after he returned home. He did notappear to be upset nor did he complain about the time frame issue.He stated he understood. This project was completed over 6 monthsago . All delays were due to material availability and project wascompleted. Again, Mr. [redacted] allowed us to keep our Point LomaLandscape sign on his property for weeks after the project wascompleted.Customer Statement:Overall he significantly overcharged me for the work, and went way over thecompletion date (several months over). He knew I was going to be out oftown and took advantage of that by stopping the work. I returned expectingthe work to be complete; however it was nowhere near complete. When Ifinally got a hold of him he offered no explanation for why it was notcomplete. Here are my specific outstanding grievances. –Point Loma Landscape Response:We’ve addressed delays above. All work was completed according tocontract and estimate. We supplied an itemized estimate detailingthe work along with a contract that was reviewed and signed bycustomer. (See estimate [redacted] and supplement to contract).We believe that we properly provided a priced estimate of theproject prior to Mr. [redacted] agreeing to go with our company. (Seeestimate [redacted] and supplement to contract). Mr. [redacted] did not haveto choose our company if he felt the pricing was unfair. Further, this is not a contractual or business related issue. There is no standardcharge outlined for contractors by the State of California. Wedisagree that he was overcharged. We installed his pavers for thesame cost per square foot as we did 15 years ago @ $ 6.00 sq ft.from the original quote of $ 9.00 sq ft. PLL discounted all items andreduce pricing by $ 2,921.00 (see original estimate 990 and updatedestimate [redacted]). We reduced pricing since our customer was on abudget and tried to offer pricing concessions.Point Loma Landscape has never intentionally stopped work on aproject or taken advantage of a customer since 1998 start ofbusiness. We completed his project except for the planting when hearrived home. And all planting was completed 10 days upon hisreturn. His project is 1 block away from my home so scheduling andfinishing was not an issue at the time. This is not true and webelieve Mr. [redacted] is confused and/or mistaken.To be specific, we had 85% of the work completed when hereturned. We had completed demo, dump runs, hauling, grading,paver, patio, irrigation valves, and controller. We cannot judge fromhis statement “Nowhere near complete”. Again, the planting delaywas discussed and he understood at the time. It has been 6 monthssince completion of project.Customer Statement:The contract included the planting of 5 palms. He only planted 4 -He did notput in adequate structural support for the palms that he did plant. Now theyare falling over and getting stuck in peoples car doors when they park on thestreet next to them. –Point Loma Landscape Response:We planted all 5 Queen Palms. One in patio and four in the street.There is no structural support for a palm. It is a plant not astructure. They looked perfect at time when project was completed 6months ago. Our contractual agreement on plants ended 5 monthsago. We had a 30 day warranty on plants. No call or complaint hasbeen made thus far. Our contract # [redacted] dated 07/23/15. #11(see attachment A) was reviewed and initialed by Mr. [redacted].In addition, Mr. [redacted] instructed us where to plant and notated onplan. .There is a possibility that the cars or people walking next tothem damaged the palms. We have a high amount of pedestriantraffic in [redacted]. We have exclusion in our contract that PointLoma Landscape is not responsibility for environmental damage (seeattachment B) nor did we have a monthly maintenance contract forongoing care of property. Also, no complaint was made once projectwas completed.Customer Statement:The contract included a rain sensor. No rain sensor was installed. –Point Loma Landscape Response:Contract did list sensor but it was not priced our or charged for in estimate(see attachment C). It was not included as explained when welowered the price by $ 2921.00 for same work to be within yourbudget. Therefore, it was not installed nor did customer complainuntil now.Customer Statement:He put a big pile of dirt in my front yard, called it an "earth mound" andverbally committed to putting plants in it. Five months later there are still noplants in it and I just have big pile of dirt sitting in my yard. –Point Loma Landscape Response:Mr. [redacted] agreed to the mound. Our original estimate dated7/15/15 did include plants for the mound. These plants wereremoved from the estimate when budgetary constraints entered theconversation. The revised estimated dated 7/23/15 which was usedfor final project did not include plants for mound. (See originalestimate 990 and updated estimate [redacted]). Landscaping is verysubjective and the mound will look better once planted. All plants were planted in exact locations on plan and per owner’s instructions.We do not agree.Customer Statement:He did not install any sort of weed barrier or satisfactorily treat the areaagainst weeds. Before he even said he was complete with the job, therewere very tall weeds growing up all over the yard. He did not even pull themprior to calling the job complete. –Point Loma Landscape Response:Weed barrier was recommended and explained and reviewed duringcontract review. Customer initialed the weed barrier statements onpage 2 and page 3 of the contract. And agreed we were notresponsible for weeds. The weed barrier was not included in thecontract or estimate or paid for by customer. (See attachment D) Wepulled weeds on his project and removed the roots several times. 3times total (2 times at no charge). He did not perform any generalmaintenance to his property after we completed the project. Webelieve he could have easily avoided the weeds, had he performednormal maintenance on property. Further, we explained in depth andinitialed by owner that we are not responsible for weed seeds in soiland that weeds can grow in a week. We explained you needmaintenance and how beauty and maintenance for hand in hand.(See attachment E, letter G)Customer Statement:He put in pavers and used sand between them. He did not put in any sort ofborder or sealant to keep the sand in. Now I have sand everywhere and biggaps between the pavers because the sand is gone.Point Loma Landscape Response:We explained the installation process from our supplier, RCP Block and Brick.We used all exact recommended products for installation and installationtechniques from Supplier. We are certified installers for RCP. Also, stabilizedgranite (Sand) is required to keep them permeable and to qualify for Staterebate program (which Mr. [redacted] received). The installation steps areoutlined in our estimate to Mr. [redacted] prior to performing work andcompleting project.We also installed a redwood border at every stone along every edge isconcreted in place.With our rain and flooding making world news, we believe DG and eartharound edges has eroded and washed away in our torrential rain storms.These pavers are permeable pavers and what makes them permaeable is thegaps between them. I explained this several times and is listed in (estimate[redacted], Phase II Hardscape, #14 and #15) and contract.In addition to attachments A-E mentioned above. We have also enclosedcopies of the following documents:1. Original estimate 990.2. Updated estimate [redacted] which was used in final project and estimate.3. Home Improvement Contract # [redacted]4. Notice of cancellation5. Supplement to Home Improvement Contract [redacted].Please let me know if you have any questions.Respectfully,[redacted]Owner