RedCo Concrete Solutions, LLC

Revdex.com: I would like to reject the offer of Arbitration for complaint ID [redacted] We wish to pursue other options in order to resolve the dispute Sincerely, [redacted]

Mr [redacted] hired our company, Redco Concrete Solutions, LLC to provide a new concrete driveway and minor work to the ditch on his property, the exact scope of work for the ditch work from the contract is “Dig up ditch culvert approx 2'x2' and install new collar tie, valve cover box and, hose bib” At the time Dusty met with Mr [redacted] to quote the job he explained that we do not know what is underground so it is hard to bid these projects as we don’t know what we are working withWe based our estimate on Mr [redacted] ’s description of what was going on and his request for modification We are very experienced and familiar with ditch work, having worked for several irrigation companies and ditch riders in the Treasure Valley as well as ACHD and extensive work for homeowner’s ditches on private property Mr [redacted] provided a 50% deposit for the driveway and ditch work on 7/18/16, construction began the week of July The top portion of the driveway was completed firstWe dug up the ditch area where Mr [redacted] had requested the work be done and found plastic pipe connecting to metal corrugated pipe, this is not ideal but not uncommon and we have made many successful repairs on situations like this in the pastWe installed a new metal band and adhesive to seal the pipes togetherOn Saturday of that week (7/30) we were onsite to sawcut the driveway and the property was flooded with irrigation water from a valve box on the neighbor’s property, water had run up and over the slab At that time I sent Mr [redacted] an email letting him know that the water would delay the second portion of the driveway as we would need to let the ground dry in order to get proper compactionThe ground dried out quickly and we resumed work on the concrete the middle of the following week The area around the culvert we initially dug up and worked on continued to be saturated, we dug it up again to check, the repair was not leaking however the ground was so saturated that it was hard to tell where the water was coming fromAt this time I contacted the ditch rider, Tim M***, about turning off the water to look into the problem furtherHe indicated that the entire length of ditch on Mr [redacted] property is old metal culvert and should be replaced with plastic culvert as it has probably rusted out I sent Mr [redacted] an email on 8/explaining this and quoting $3,to replace the pipe, I also explained that MrM [redacted] had said he would work on splitting the cost of this with Mr [redacted] Mr [redacted] responded “Sorry that’s not going to happen” I sent a final invoice for the concrete work ($3,569.75) on 8/17/I indicated that I would bill the final ditch work when it was completedI followed up on 8/with a timeline for the continuing ditch work (we had to arrange with the ditch rider to have the water shut off, which could only happen on Thursdays and Fridays) and a request to meet up with him for payment on the concrete, Mr [redacted] responded that he would not pay until the work was finished and that Dusty was going to bring in another load of fill dirtWe had already brought in one load of fill at no charge, Dusty did not agree to bring in more fill for free Dusty and Mr [redacted] spoke several times about the ditch, Dusty explained that we did everything we could do with the budget we were given, that the work we quoted to do in that area was complete and that our repair was not leakingMr [redacted] insisted it be dug up again At this time we had a new employee to our company who has years of sprinkler and ditch repair experience take a look at it, his repair was exactly the same as Dusty’s had been, and it was also the recommended repair by the piping supply houseTyler performed these repairs and patched back the asphalt near the ditch culvert (asphalt patching was not included in our estimate and another extra provided to Mr [redacted] for free)The ground was still saturated but our repair was not leaking I sent Mr [redacted] ’s final invoice in the amount of $4,on the morning of 9/and met with him later that day to collect final paymentMr [redacted] was very upset that the ground was still saturated but still unwilling to allot any more money towards repairsAt one point he told me we should have dug up the area on the other side of the driveway, I explained that our scope of work was for the area we had worked in and he had been unwilling to agree to any change ordersHe finally handed me a check in the amount of $3,569.75, when I questioned this he told me that he wouldn’t pay for work that hadn’t been completed I reminded him that it had been dug up different times and repaired twice and he was unwilling to approve an alternative scope of workHe was adamant that he would not pay the remaining $for the ditch workI told him that I would take the necessary collection action in order to be paid including filing a lien and a lawsuit, at that time he asked if that was necessary and I responded that it was because he was unwilling to pay for work that had been completed on his propertyHe returned to the house, rewrote a check and gave it to me without another word It is our belief that we went above and beyond for Mr [redacted] , we hauled in a load of topsoil and spread it for no charge, patched back asphalt at no charge and hauled off a pile of asphalt on the side of his property for no chargeWe dug the ditch culvert up times and made the same repair twice to the culvert to appease him even though the repair was solid the first timeMr [redacted] was unwilling to deviate from the original scope of work or approve additional funds in order to dig up and make repairs that were recommend to him by Dusty, Tyler, and MrM***, to other areas of the ditch culvert that continued to leakWe will not reimburse Mr [redacted] any money as we have incurred costs greater than the $he paid for ditch repairsWe will not recommend another contractor to Mr [redacted] as he has been unwilling to take any of our alternative suggestions for repair, he is obviously unwilling to pay for the project to be completed correctly and we will not subject another contractor to what we have been through on this project

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this could possibly resolve my complaintHowever, we have questions in regards to how the work will be performed (iedo the pavers need to be moved, does the lawn need to be cut and removed in order for them to re-pack the soil, do the sprinklers need to be pulled, are they going to compact along the whole retaining wall or just by the concrete pad etc... I still have not had any contact from Redco since the last email dated 09/29/which said they would let me know asap when *** knew when he would be able to be hereThe only confirmation we have had on a date to come work was from the response we just received
Regards,
*** *** ***

Complaint: ***I am rejecting this response because: June MrC*** DID act with anger and was very unprofessionalHe absolutely said "what do you care, you bought a *** home? This is the nicest thing in this place." He WAS asked to leave twice, once while he was in my face and the second was while he was hitting broken fence postMy daughter DID come around to see what was going on because he yellingNeither my daughter or her friend waived at him, "it was loud and he was going fast, he wasn't even looking at us when he left." That is a lie about a child and is really sadMy phone call to police was made because his behavior left me shaken and nervousI took steps to deter future interactions with MrC***I would NEVER call law enforcement or waste resources if I was not truly concernedI would hope and expect any mother by herself to take any steps necessary to avoid contact with a angry unknown maleHe was not passionate, he was pissed offMrC*** should own up to his behavior not lie to cover it up
Patio was to be started week of May it was not and nobody from Redco contacted us to inform of delaysMr*** contact Redco on May to inquire about job, was informed about weatherMay Mr*** contacted Redco to ask about patio because they never notified Mr*** on status after weather delay on May. Annie C*** " we did pour last Wednesday, they are finishing up the final details today and applying the clear coat." She continued " there is a product that can be applied anytime after pouring which is what we are using today." Redco did apply the sealantAnnie C*** failed to send contract before starting the process. Redco does not communicate with customers in a organized timely mannerThis is also a problem within the company, for example: June Mr*** asks Annie C*** what are Redco employees are doing at his house, MsC*** denies workers are thereMr*** informs her that his mother is at property watching themMsC*** replys that they were there but the had to leave because of the dance of rainSo was the first response a lie or was there just confusion about who was working where?
On April via email Annie C*** informed Mr*** that the clear coat was separate and she would send him quote and contract for serviceOur contract was for colors (main body Harverst Gold and border of Walnut Brown )Nowhere in the contract does it say we need to apply clear coat for border color to stickDuring the meeting with Mrs*** MrC*** said he didn't even recommend sealant on small jobs (contradicting statements)MrH*** was hired by Mr*** to seal patioHe arrived at house and called Mr*** on June to inform him patio was already sealedThe sealant purchased by Mr*** remains unopened and in our garageMrH*** is working out of state at this time and we are working with him to get a written sworn statement.
The stamping is sloppy not standardThe are MANY areas where it was overlapped and does not resemble the pattern chosenThe sealant applied by Redco on May (done prior to getting contract for it) was applied wrong and splash marks can be seenOnly a portion of house was covered and concrete splashed above covering.
June Mrs*** arrived from Texas and the flaws in patio where present and obviousNo other work was done until weed removal June when fence was brokenNobody but Redco is responsible for patio mistakesTaking pictures of grass, broken fence and commenting on ***'s Revdex.com grade is an attempt to deflect from the real issues with their workPointing fingers at companies that have NOTHING to do with the patio is waste of everyone's timeMrC*** did indicate to Mr*** that corrections could be madeRedco should refund the cost of those repairs
Sincerely,*** ***

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***We have a problem with Redco's claim -Quote "Redco Construction will not be liable for any damage to existing concrete as a truck and trailer was parked on the slab on April 3, 2015, just days after the concrete was poured (see attached pictures). "We reviewed Redco's pictures and it was of a companies truck and trailer that had come to move our shed WITHIN our back yardThey did NOT at any time park their truck or trailer on the freshly poured RV pad(behind the gate) as stated by RedcoThey were aware of fresh Concrete and Had parked ONLY in our driveway as Redco's Pictures have provedWe have contacted that company to supply us with a statement that we will turn into Revdex.com upon receipt.We are only requiring Redco be Responsible for any NEW damage to the New RV Pad(Behind the gate) that They had poured, Due to excessively heavy equipment while fixing this small (4x11) sectionGiven the scope of the project I couldn't imagine this should be an issue..If Redco will take on that Responsibility and add it in to their warranty contract that they would like me to sign then I believe we may have an agreement we all can live with..We only want to move forward at this point
Regards,
*** *** ***

Our original contract did not cover any damage due to equipment driving on existing concrete (see attached) and our warranty contract does not cover damage either. We will tread lightly and use our smallest equipment, however to do the job properly we must drive on the concrete with equipment to access the area. Redco Construction is not liable for any settling of pavers in the future, as pavers are being installed by a different company

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, Here are some things that need to be amended or stated in the warranty.In the warranty there are two lines regarding weather, states that they will come October 20th rain or shine. (not responsible for weather related damage) states they will not pour if there is any chance of rain? We would just like it fixed properlyIf they are not responsible for damage due to weather then don't repair in damaging weather...In the warranty they state to tear out RV pad section 4xand hoe pack along retaining wallWe are only looking for the RV pad repaired and repacking of dirt along retaining wall in front of the paver sectionWe are ok with not fixing the section along the grass where the lawn and sprinklers areHowever we would hope Redco can tread lightly on bordering areas to the lawn during repair of other sections next to the lawn and sprinklers(we understand there will be some damage in order to repack areas needing fixed along retaining wall)During repair of the RV pad Redco will be responsible for any NEW damage occurred to the remaining sections due to exposure from excessively heavy equipment.We will have fire pit and all pavers removed for Redco and will have all obstructions cleared for ease of access to the section needing repaired
Regards,
*** *** ***

***DOCUMENTS ATTACHED***
Redco Concrete Solutions, LLC RE: Revdex.com Complaint #*** Response submitted 7/20/
Our direct response to their complaint:Customer's Statement of the Problem:
We hired Redco Construction for a patio job at our home in Middleton this past AprilThe job was completed on
May I'm in the military stationed in Texas so my wife and family did not arrive to the house until JuneThe patio work was totally unacceptable.I am aware of my contract that states Redco is not responsible for SLIGHT discolorations in concrete The contract states "Due to the nature of colored concrete, color variations in slabs will sometimes happen, Redco is not responsible for replacing slabs with inconsistent color." A sample of the concrete slab taken from the lower edge shows it is the exact color the ***'s requested (*** ***, harvest gold) (picture #9), there is a discoloration on the top that appears to be caused or exacerbated by whomever seal c*** the slabhowever, the discoloration and errors in my patio go far past slight to include spots and marks on my patio door and windowThe ***'s never complained of spots on their home, the attached picture (picture #1) shows the slab immediately after we were finished pouring with surface protection of the home in placeSeveral other subcontractors including the landscaper were onsite after we were finished, these subcontractors caused significant damage to the ***'s property (pictures #& #8)MrC*** called me on the evening of the 22nd of JuneInitially he was very defensiveDusty was not defensive at any time during the conversation he listened to Mr*** and spoke to him with respectItold him I just wanted everything resolved and wanted to get what I paid forHe agreed to come out to the house and look over the patio work that had been doneMrC*** came to my house to meet my wife and look over the patio on JuneHe was obviously irritated and was very hostileDusty went to the meeting with an open mind, eager to resolve this situationMy wife could not get a single word in Mrs*** continually spoke over Dusty and wouldn't let Dusty speak or answer his repeated question of what she wanted doneMrC*** then became extremely angry and was shouting at my wifeDusty speaks loudly but never shouted at Mrs***, Mr*** was on speaker phone throughout the meetingMy wife was trying to show him what she felt was wrong with the patio, but MrC*** wasn't having any of itHe was finger pointing and aggressively walking towards my spouseDusty talks with his hands, he may have been pointing but it wasn't at Mrs*** specificallyThe yelling was so intense it alarmed my daughter and her friend who were inside the house at the timeTwo young girls playing in the driveway smiled and waved at Dusty when he leftHe then began to discredit our home builder (*** ***) and exclaimed that the patio was the best thing in the entire sub-division Dusty's quote was "This patio is the best piece of concrete in this entire *** ***" which it is, several neighbors have commended the look of it, and requested estimates for their own patiosMy wife felt threatened by MrC***' belligerent actionsSo much so, she called the policeIt was at this point, MrC*** finally left the propertyMrs*** never asked Dusty to leave nor did she call the police while Dusty was onsiteDusty left as soon as he realized this meeting was not going to resolve anythingOn his way out as he exited the backyard he hit a portion of the fence with his hand Dusty bounced (using no force) the fence post the ***'s landscaper knocked over and said "looks like you have bigger problems than me" and then he peeled out of the driveway/street in his vehicle Dusty was driving a 15,lbdually diesel service truck, there is no way this vehicle could "peel out" Neither of us have had any contact with Redco since this latest incidentMy wife later that evening filed a report with the Middleton police department when an officer came to our houseNo police report was filed, only "clearing comments" (attachment #7) His behavior was totally unacceptable and unprofessional and should not have to be tolerated by anyoneThe way that Mr*** communicated with us was unacceptable and disrespectful, any other contractor would not have continued communication with him after he threatened to sue and slander our company on 6/(attachment #4) "so before we go to court WTF are you all READY TO DO to make this right? BTW nobody in that housing community is gonna hire Redco for anything if I have any say about it" On Friday 6/he sent emails in a row the first at 8:pm "That patio is disgusting and totally unacceptableI want your husband to call me ASAP! My wife is at the house now and has seen your workUnacceptable!!" and another at 8:"I want Dusty at my property ASAP to explain to wife what exactly happenedThis is not what we paid over $for.It's horrible and not what was in the contract"There are obvious flaws, discolorations, and very "shabby" stamp work done to the patio we paid $forDiscoloration was sealed in by 3rd party - we are not liable for discoloration to colored concrete, nor to concrete damaged by anyone working on or around the concrete or improper sealing (attachment #1)The stamp work is standardWe did not alter anything to the work Redco performed as we were in an entirely different stateThe ***'s admitted to hiring a "professional" "expert" to sealcoat the patio on several occasions(attachment #4) The professional I hired to apply a sealant to the patio called me on April to tell me in his "expert" opinion the patio had already been sealedIwas not charged for this by Redco, however, I never authorized them to perform this action Redco did not sealcoat the concrete, we would charge $($x sqft) to sealcoat this patio, this is not something we would do for free MrsC*** thought I wanted it done during an email conversation we had on April 27th when I was merely inquiring about sealant Mr*** specifically said "Not sure if clear coat and what I'm describing are the same thing, but I'd like that included if it's not already" at 2:4/and "I'mgoing to need it sealed" on 4/at 4:(attachment #4) Iwas told by my realtor ( who served as a mediator ) we were unaware Mr*** was serving as mediator, and it seems it would have been a conflict of interest as he is under a realtor contract with the ***sDusty did discuss the situation with him as we also have a business relationship with Mr*** (we've completed multiple projects for him and his father) and he referred the ***s to our companyafter the police were notified that MrC*** offered to pull up the ruined portions of the patio and repair what needed to be fixedBy this, I suppose he admits fault with the workWe were not aware the police had been notified until the morning after Dusty's meeting with Mrs***, Dusty never offered to remove any concrete, he told Mr*** he would have the concrete rep look and see if there was something we could do to remove the clear coat to address the discoloration, we never admitted fault we were only trying to peacefully and professionally resolve an unreasonable customer's complaintsDusty's only conversation with Mr*** took place almost immediately after he got home after his meeting with Mrs***We do not want MrC*** at our home especially after his behaviorWe feel we are entitled to at least half of the cost of the patio in order to have it fixed by professionalsWe provided a patio as indicated on our estimate, we completely fulfilled our portion of the agreement and remained in contact with the ***'s when they had concerns about their patio, even after we had been paidWe asked time and time again what they wanted done and how they wanted it resolved, we were never given a clear response to this, only more finger pointing at all that was "wrong" with the slab. Redco Concrete Solutions, LLC RE: Revdex.com Complaint #*** Response submitted 7/20/16Our company, Redco Concrete Solutions, LLC was contacted via phone by *** *** to provide an estimate for a concrete patio at his home in Middleton, IDDusty C*** met with Mr*** at 9:am on Friday, April 22, to look at the site and provide an estimate for the work requestedWe emailed estimate number later that same day (attachment #1); this estimate clearly defines the scope of work including patio size, color and stamp pattern, as well as a contract outlining payment schedule, warranty information and work that is not included in the estimate.The following day (Saturday, 4/23) Mr*** emailed, indicating he wished to move forward with the patio, we corresponded via email regarding the scheduleOn Wednesday, 4/Iemailed Mr*** invoice #for the 50% deposit, at that time he inquired about clear coating the concrete, I quoted him $per square foot to apply clear coat, he responded that he was going to need it sealed.The patio was poured on Wednesday 5/18, leading up to this I remained in communication with Mr*** about the status of the scheduleMonday 5/we were onsite again to remove the forms and apply clear coat, when Itold Mr*** that we were going to clear coat it he told me he did not want it completed and had hired someone else to seal the patioIcommunicated this to the crew and they did not apply clear coatI sent Mr*** the final invoice #late that afternoonOn Wednesday 5/Mr*** emailed inquiring about the warranty and care of the concreteI responded and explained that we offer a 1year warranty on services, however, having the concrete sealed by a 3rd party would void this warranty, this is explained in the estimate contract on the estimate he received before agreeing to the work (attachment #and #4).Final payment was received on 6/5/16.On the evening of Monday 6/Mr*** emailed concerned that the color was not what he had asked for, he indicated there was no brown border as discussed and that he had heard the whole patio was just brown (Pie #shows color comparison of actual piece of patio to mfgcolor chip)He also said that he'd had someone there and the patio had been sealed I responded the following morning that we had not seal c*** the patio and the border had not been applied because it wouldn't adhere without sealcoatWe arranged to apply the walnut color and sealcoat to the edges at the end of that week, this work was completed on 6/(attachment #4)On the evening of Friday 6/Mr*** emailed to express his disappointment in the patioHe demanded that Dusty call him ASAP and show up at his house ASAP to explain what happenedDusty was out of town at this time, I communicated this to Mr*** via email on Monday 6/When Dusty returned, he called Mr*** on the evening of 6/they spoke for a while about Mr***'s concernsDusty remained calm during the conversation and did not show any signs of defensiveness,he let Mr*** speak and listened to his complaints, Dusty offered to stop by the house the following night to speak with his wifeDusty went to the house between 5:and 6:on Thursday evening as discussed, knocked and left a card on the door, no one answeredMrs*** emailed on Sunday 6/listing her availability to meet with Dusty, we arranged for him to come by Tuesday 6/after 5:00.When Dusty arrived at the home Mrs*** was very defensive and confrontational,she would not let Dusty explain anything that she was pointing out, when he was able to address her concern or show her something she would quickly brush that item away and move on to the next thingShe had Mr.*** on speaker phone during this meetingAt one point Dusty did make the comment that the patio was "the best piece of concrete in this entire *** subdivision" this enraged Mrs*** and she began shouting at Dusty and Mr*** (on speaker phone) twisting Dusty's comment around, telling her husband Dusty had just called her house a piece of crap(Side note: *** *** has an F Revdex.com rating)At this point, Dusty realized nothing was going to come of this meeting and left, on the way out he touched the fence post that was hanging loose because it had been run over by their landscaper and said "it looks like you have bigger problems than me"Mrs***'s daughters who were playingin the front driveway smiled and waved at Dusty as he got in his truckHe was driving a 15,lbdually diesel service truck, which he parked on the street, there is no possible way he could have "peeled outof the driveway/street" as Mr*** indicates in his complaint.When Dusty arrived home that evening he was calm, Iasked how things went and he shrugged, bewilderedHe explained what happened, Iasked what the ***'s expectation of us was and he said he didn't know because every time he asked Mrs*** "what would you like me to do" she moved on to another rantA short time later *** *** called, Mr*** was the real estate agent for the ***s and we have done work for him and his father in the past, he referred this project to usDusty and Mr*** spoke for a long time about the project and our interactions with the ***s, who Mr*** acknowledged to be "hard to deal with"Dusty indicated that someone had applied a clear coat to the slab and there were some discolorations under the clear coat, he also explained that we did not apply the clear coatThe product we use is $for a gallon bucket, we would not have purchased or applied the product if we knew we were not going to be paid for itDusty said he would contact a concrete supply rep to take a look at the slab and see if there was something that could be done to remove the seal on the concrete so it could be completed correctly.The following morning, 6/29, I had a voicemail from the night before from Officer T*** with the Middleton Police DepartmentIreturned his call and we spoke about Dusty's meeting with Mrs.*** the previous eveningI explained that Dusty is very passionate about his work and tends to speak loudly when passionate (or when someone is trying to speak over him) and he always talks with his handsI explained that Dusty knew the meeting wasn't going to resolve anything and left before it escalatedIoffered to have Dusty call him but Officer T*** didn't feel that was necessary, he said that Mrs*** didn't want him on her property, Itold him the feeling was mutual because getting the police involved was unnecessary and an overreaction, he agreed with me, thanked me for the call and we hung upIn their Revdex.com complaint the ***s indicate that a police report was filed, I've contacted the Middleton police department for this police report but was told no report was filed only "clearing comments" (attachment #7).The ***s had other subcontractors onsite after we finishedTheir landscaper knocked over their fence and ruined grass in their front yard by driving on it (pie #& #8)If the landscaper took no more care of their property than this how do we know they didn't do something to damage the slab? The concrete was fine when we left the project on 5/23. Redco provided a patio to the ***s as outlined in their contractWe remained in contact with them throughout the process (60+ emails plus phone calls and meetings) and asked repeatedly what they wanted done to make them satisfied with the patio, which they never answeredThey voided the warranty by hiring a 3rd party to seal the concrete and blamed us for the poor workmanship If you buy a new car from a dealership, then take it to a paint shop to be painted and are unhappy with the paint job you cannot take the car back to the dealer and complain about the paint; this project is no differentStamped colored concrete is a subjective art, no two slabs will ever be the same, something that is picked from a picture cannot be directly duplicated

Revdex.com:
  I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.  To Redco - We understand the pavers, when its solely up to how the other company lays them. we have no problems with that. We also understand that you must use equipment in the back yard and you must traverse over the concrete we never had a problem with that, all we were after is to please tread lightly. How and when would you like for me to sign the contract.
Regards,
[redacted]

I've made the changes to the contract as Mr. [redacted] requested.  We will not pour concrete in the rain, however this will move their pour until the next available pour date, at this time our schedule is 2-3 weeks out and we cannot pour in freezing temperatures or if the ground is frozen.  We will only compact the ground in the areas requested.Redco Construction will not be liable for any damage to existing concrete as a truck and trailer was parked on the slab on April 3, 2015, just 2 days after the concrete was poured (see attached pictures).  Curing time is 7 days and no vehicles should be parked on the slab during this curing time.  Any hairline fractures caused by the truck and trailer parked in April could become apparent when vehicles or equipment is driven on the slab.Please sign the attached warranty contract and return to Redco prior to 10/19/15 to keep the scheduled start date of 10/20/15.

Revdex.com:
I would like to reject the offer of Arbitration for complaint ID [redacted]. We wish to pursue other options in order to resolve the dispute.
Sincerely,
[redacted]

I have attached a warranty contract for the work at the [redacted] property.  A detailed description of what will be done by Redco Construction is given in the contract.  This contract needs to be signed by Mr. [redacted] and returned to us before work will begin on 10/20/15.Our last email correspondence with Mr. [redacted] was on 9/29, prior to receiving the Revdex.com complaint, if a complaint is opened all of our communication goes through the Revdex.com.

Mr. [redacted] hired our company, Redco Concrete Solutions, LLC to provide a new concrete driveway and minor work to the ditch on his property, the exact scope of work for the ditch work from the contract is “Dig up ditch culvert approx 2'x2' and install 1 new collar tie, valve cover box and, hose...

bib”.  At the time Dusty met with Mr. [redacted] to quote the job he explained that we do not know what is underground so it is hard to bid these projects as we don’t know what we are working with. We based our estimate on Mr. [redacted]’s description of what was going on and his request for modification.  We are very experienced and familiar with ditch work, having worked for several irrigation companies and ditch riders in the Treasure Valley as well as ACHD and extensive work for homeowner’s ditches on private property.
 
Mr. [redacted] provided a 50% deposit for the driveway and ditch work on 7/18/16, construction began  the week of July 25. The top portion of the driveway was completed first. We dug up the ditch area where Mr. [redacted] had requested the work be done and found plastic pipe connecting to metal corrugated pipe, this is not ideal but not uncommon and we have made many successful repairs on situations like this in the past. We installed a new metal band and adhesive to seal the 2 pipes together. On Saturday of that week (7/30) we were onsite to sawcut the driveway and the property was flooded with irrigation water from a valve box on the neighbor’s property, water had run up and over the slab.  At that time I sent Mr. [redacted] an email letting him know that the water would delay the second portion of the driveway as we would need to let the ground dry in order to get proper compaction. The ground dried out quickly and we resumed work on the concrete the middle of the following week.
 
The area around the culvert we initially dug up and worked on continued to be saturated, we dug it up again to check, the repair was not leaking however the ground was so saturated that it was hard to tell where the water was coming from. At this time I contacted the ditch rider, Tim M[redacted], about turning off the water to look into the problem further. He indicated that the entire length of ditch on Mr. [redacted] property is old metal culvert and should be replaced with plastic culvert as it has probably rusted out.  I sent Mr. [redacted] an email on 8/19 explaining this and quoting $3,416 to replace the pipe, I also explained that Mr. M[redacted] had said he would work on splitting the cost of this with Mr. [redacted]. Mr. [redacted] responded “Sorry that’s not going to happen”.
 
I sent a final invoice for the concrete work ($3,569.75) on 8/17/16 I indicated that I would bill the final ditch work when it was completed. I followed up on 8/24 with a timeline for the continuing ditch work (we had to arrange with the ditch rider to have the water shut off, which could only happen on Thursdays and Fridays) and a request to meet up with him for payment on the concrete, Mr. [redacted] responded that he would not pay until the work was finished and that Dusty was going to bring in another load of fill dirt. We had already brought in one load of fill at no charge, Dusty did not agree to bring in more fill for free.
 
Dusty and Mr. [redacted] spoke several times about the ditch, Dusty explained that we did everything we could do with the budget we were given, that the work we quoted to do in that area was complete and that our repair was not leaking. Mr. [redacted] insisted it be dug up again.  At this time we had a new employee to our company who has 5 years of sprinkler and ditch repair experience take a look at it, his repair was exactly the same as Dusty’s had been, and it was also the recommended repair by the piping supply house. Tyler performed these repairs and patched back the asphalt near the ditch culvert (asphalt patching was not included in our estimate and another extra provided to Mr. [redacted] for free). The ground was still saturated but our repair was not leaking.
 
I sent Mr. [redacted]’s final invoice in the amount of $4,012.25 on the morning of 9/6 and met with him later that day to collect final payment. Mr. [redacted] was very upset that the ground was still saturated but still unwilling to allot any more money towards repairs. At one point he told me we should have dug up the area on the other side of the driveway, I explained that our scope of work was for the area we had worked in and he had been unwilling to agree to any change orders. He finally handed me a check in the amount of $3,569.75, when I questioned this he told me that he wouldn’t pay for work that hadn’t been completed.  I reminded him that it had been dug up 3 different times and repaired twice and he was unwilling to approve an alternative scope of work. He was adamant that he would not pay the remaining $442.50 for the ditch work. I told him that I would take the necessary collection action in order to be paid including filing a lien and a lawsuit, at that time he asked if that was necessary and I responded that it was because he was unwilling to pay for work that had been completed on his property. He returned to the house, rewrote a check and gave it to me without another word.
 
It is our belief that we went above and beyond for Mr. [redacted], we hauled in a load of topsoil and  spread it for no charge, patched back asphalt at no charge and hauled off a pile of asphalt on the side of his property for no charge. We dug the ditch culvert up 3 times and made the same repair twice to the culvert to appease him even though the repair was solid the first time. Mr. [redacted] was unwilling to deviate from the original scope of work or approve additional funds in order to dig up and make repairs that were recommend to him by Dusty, Tyler, and Mr. M[redacted], to other areas of the ditch culvert that continued to leak. We will not reimburse Mr. [redacted] any money as we have incurred costs greater  than the $885.00 he paid for ditch repairs. We will not recommend another contractor to Mr. [redacted]  as he has been unwilling to take any of our alternative suggestions for repair, he is obviously unwilling to pay for the project to be completed correctly and we will not subject another contractor to what we have been through on this project.