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Richard O'Donnell, MD, DDS, PC

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Reviews Richard O'Donnell, MD, DDS, PC

Richard O'Donnell, MD, DDS, PC Reviews (1)

Initial Business Response /* (1000, 8, 2016/07/14) */
*** Landscape Co., Inc
*** W*** Center Rd*** Box ***
Fort Wayne, IN XXXXX-XXXX
(XXX) XXX-XXXX
***.net
Revdex.com of Northern Indiana *** *** ***
Fort Wayne, IN XXXXX XXX-XXXX
Re: Case # ***
*** *** July 11,
Dear Ms***
I am responding to the complaint placed with your organization by *** ***In early February of 2016, Mrs*** contacted our firm requesting a bid to install drain tile for the downspouts and sump pump on her house and another bid to install the lawn, using hydromulch, instead of traditional straw mulchShe requested hydromulch instead of straw because her lawn is large and very open to westerly winds with no windbreaks, and straw could readily blow away in such an environmentWhen she originally called, Mrs*** stated that she would also be having an irrigation system installed by another firm, before we installed the lawn
Shortly after Mrs*** first call to request the lawn and tiling estimate, she contacted us again, requesting a landscape and patio extension designOur designer promptly met with Mrs*** and her husband, *** to discuss the details of what they wanted in this second estimateAfter they were presented our landscape design quote, on March 5th the *** placed their order with our company to install landscaping, tile out the downspouts and sump pump, and install their lawnCopies of both signed contracts are enclosed
When the *** sent us their order and deposit, we were told they were going to go ahead and have their patio enlarged by another company, and they would contact us after that work was completed sometime in April, because the work we were to do could not be done until after the patio was completedWe were also told they had decided not to have the lawn irrigated
Later in May, Mrs*** called to say they were not going to wait any longer to have their patio expanded (due to delays from the extremely rainy spring our area experienced), and she wanted to go ahead and get the work she contracted with our company started right awayOn May 31st, Mrs*** called requesting a change order on the type of stone she wanted installed by their air conditioner, and extending a bed
along her front sidewalkTheir job was scheduled in our first opening in our work calendar that permitted their type of work, which required dry soil for trenching for tile, new landscaping, and lawn installationWe completed the tile installation and landscaping on June 6thOur crew immediately followed up and installed the lawn, fine grading, seeding, fertilizing, and hydromulching the lawn, as contractedPlease note our contract does not call for any rough grading or weed killing prior to the start of our workOur contract clearly states what services are included in the price of lawn installationItem #on the supplemental conditions of our contract, state "The site shall be received by *** Landscaping at a finished grade, properly drained, and in a clean, workable condition." Due to the lengthy delay from when we contracted with the *** in early March to the time they called us in late May to start, and improper rough grading provided by the *** builder, we arrived to find their lot very weedy and with old field grass in areas never rough gradedErosion had occurred due to the numerous rains over the springIn fact, before we scheduled to come, Mrs*** called our office wanting to delay the work again, because erosion had occurred in the rear common ground easement and she thought that repair work later would prevent us from installing her lawn (it did not)
Within the same week we completed all of the contracted work heavy rains occurred, causing washouts because the grass seed obviously had not been in place the 30-days for all of the seed varieties to germinate and start to grow to help hold soil in placeFurthermore, the *** rear yard has a steep slope in much of the areaThe hydromulch, which the *** chose for their lawn is ideal for using in large open areas exposed to wind because it will not blow away as straw does, but under heavy rains, this type of mulch can wash if the grass seed has not had enough time to growHeavy rains are an Act of God, not something we can control; thus, we cannot be held responsible for any damage that has occurred
On June 23rd, Mr*** sent us an email expressing his dissatisfaction with the tile and lawn installation, blaming his washouts and weeds on the quality of work our crew performed, totally avoiding the issue that when our crew came to do our contracted work, they found an extremely weedy, eroded lot that was not under any professional judgment deemed to be a clean, properly rough graded lot, in workable conditionOur crew of experienced men, with 10-years experience each, did an excellent professional job; in spite of the site conditions they were givenMr*** said he expected our crews to spray herbicide to kill the existing vegetation on his lot when we came to install the lawnFirst of all, his contract does not include the extra cost of a herbicide applicationSecond, if we had sprayed herbicide, as he suggests he thinks we should have done, there then would have been a waiting period before it would have been safe to sow grass seed, or the herbicide would have also killed the new seedA proper rough grade is to be supplied by the homebuilder, by industry standard, which is why our contract specifically states we will provide the fine gradeFine grading by a grading tractor has the ability to move small amounts of soil to complete a grade before seeding; it cannot tear up existing weeds or grassThat type of heavy work can only be done in the rough grading phase with a bulldozer or sometime in some situations with a skid loader and bucket
Mr*** was sent a letter on Tune 24th (copy enclosed), in which we outlined the reasons we were not responsible for any damage caused by the heavy rains, i.e.: Acts of GodEven though we are not responsible for any repair work, we were willing to help the ***, if he followed the written lawn care instruction sheet they were given at the time of installation, which specifies watering, mowing, fertilizing, and weed control that must be done to achieve a nice lawn, then by mid September we would return to touch up bare areas in the lawnAgain, if he will refer to the contract terms, item #states that it is the homeowner's duty to begin maintenance as soon as our company completes an areaThere is no need to reinstall any tile, as he is requestingWe also told Mr*** that our crews work frequently in his area and would be monitoring the condition of his property, to see if he was making any attempt to follow his written instructionsFrequent checks by our company have shown he is not making any attempt to follow the instructions we provided
Mr*** responded to our offer to help by sending an email (copy enclosed), stating our proposal was unacceptable and they would hire another company to provide the results they wantedFinally, as you know, *** *** contacted the Revdex.com in an attempt to get a full refund on the lawn and tiling cost
We have met and exceeded our contractual and professional obligations with the ***No money will be refunded, and since Mr*** has refused our willingness to help, we now rescind that offer
*** G*** President
Initial Consumer Rebuttal /* (3000, 11, 2016/07/18) */
***,
I still can't get the online submission to go through, so here is our rebuttalI am sending an additional email with another photoWe do not accept the business's response:
First, we were never told that any delay would cause any issuesWe were told from the beginning that we could call when we were ready and get put on the schedule*** *** also assured us numerous times that we could make changes to the landscaping plan at any point and that it wouldn't be an issue
Second, at no point in time were we told that the rough grading the builder did was unacceptableNumerous times the workers servicing the yard during the install of our flower beds were questioned about thisWe were told that it is not an issue and that "some" weeds will still be there but they will handle itWe had seen several homes in our neighborhood with lots in the same or worse condition and their landscapers appropriately removed all weeds with the finish gradeAs a layperson, I would have hoped that a professional would have brought this to our attention prior to any work knowing that the end results would be less than desirable
Finally, when asked about the state of the lawn, Mr*** said there was no grass growing due to wash out from the heavy rainsIn the same letter, he asked us to water our dirt and weeds, fertilize our dirt and weeds and mow our dirt and weeds, and only then would he come back out in September to charge us more money to fix the lawnI'm unclear as to why, if he was certain there was no grass seed due to wash out, that he would ask us to waste time and money caring for our dirt and weedsAs such, we refused his offer to "help" as we are clearly unhappy with their initial service and have no confidence that it would be fixed the second time around
I am saddened, though not surprised at *** Landscaping's response to our complaintI can only hope that this review will serve to aid other families in avoiding the heartache and grief that *** has caused our family this summer
Final Business Response /* (4000, 13, 2016/07/18) */
*** Landscape Co., Incwas hired, by your builder or yourself, to fine grade, seed, and hydromulch or straw your lawnWe were not hired to make the grass to grow and flourish, norare we responsible for Acts of God, swirlasWought, or wind, that may damage your lawnThe process o growing and maintaining your awn is our res onsibilit So, here are some basic steps torjrp yot—ir—*
Keep your lawn damp for the first daysThis is the most important step for a new lawnLetting a lawn get dry will kill some or all of the baby grassDuring the first days after installation, if you follow the watering and fertilizing directions, you can expect to see the perennial rye seed germinate and start to grow in about 10-daysThen in the 40-day range, the blue grass seed in the mix will germinate and growThe blue grass is the best variety of seed in the mixLawns may have to be watered daily in warm weather to keep the soil dampAfter days, water the lawn 2-times a week, depending on the month the lawn was installed, until the end of OctoberAfter the initial 40-day period, do not water the lawn in the evening during the hot summer monthsWatering at night causes fungus diseases, which will kill the grass
During your watering or rain, you may see rocks that surface, that were not previously visibleGrading rakes have 1/2" gaps between tinesSo, small rocks are impossible to completely remove during lawn installationMost of these small rocks cannot be seen or felt, once the lavvit is establishedLarger rocks that surface will have to be removed by the homeowner
Fertilize your new lawn every days after installation, until the end of NovemberLack of proper fertilizer will cause the new grass to become yellow and thin, then eventually starve and dieWe recommend using no weed control for the first daysAfter that time broadleaf weeds may be killed with a good Weed and Feed applicationRemember that the weeds you see are from weed seeds that were already in your soil, not from the grass seed mixA starter fertilizer was applied during installationUse something with a higher nitrogen count, such as 18-5-9, 32-3-5, or equivalent in a granular formLiquid fertilizer may be used after two yearsBroadcast spreaders are preferred over drop spreaders for applicationThe AG Plus in New Haven or farmer's co-ops in other communities is a good source for fertilizer
When the grass is approximately 3" tall, stop watering a day or two to let the ground dry enough For mowingThis does not mean the entire lawn must be at least 3" tallMow on the "high" setting of your mowerAfter mowing, go back to your watering scheduleIf new grass is allowed to get too tall, it will lie over and rot
Good grass seed stops growing when the temperatures rise over degrees, so please be patientAs long as you follow these instructions, the grass will start to grow again when the temperature coolsEven with all of the proper fertilizing and watering, it still may take over a year for the lawn to completely fill in all bare spotsIf our lawn needs repair after a serious drought, washout from heavy rain, or if your straw blew away, we %An e gad to give yotepairi the lawn Ttifi.—
discounted rate
*** ***
*** Landscape Co., IncXXX-XXXX
Final Consumer Response /* (4200, 15, 2016/07/21) */
(The consumer indicated he/she DID NOT accept the response from the business.)
This reply to our complaint by *** has no correlation to the primary issueAgain as we do not expect any resolution by *** our primary objective is to inform consumers prior to working with this company
Yes we did receive the attachment which reasonably states the process of growing our yard is our responsibilityIn addition they choose to continue to revert back to "act of God" circumstances; this is a defense under the rule of impossibility or impracticabilityIn addition to again commenting that surrounding neighbors experienced the exact same rainfall and weather conditions without any negative repercussions
What is disappointing to us is that if this stance is continued to be taken then why, as contract law states why the lawn was initially installed as "impossibility" should have been the excuse from the beginning for nonperformance of duties under contract, based on a change in circumstances (or the discovery of preexisting circumstances)This reverts back to our original questioning about the weeds and if this needed to be taken care of and how this would be handled
Again I use the analogy would a professional carpet installer, install new plush carpet over mildew ridden and damaged pad? Perhaps they would, if the only concern was not the quality and craftsmanship, but rather collecting a checkWe properly watered and cared for our yard as requiredThis is not the point, the point is that numerous professionals who were brought in after the fact to quote on the cost of repairing and redoing the lawn service which we had original contracted through ***All professional contracting bidders stated that previous job in questions was not done both to their standards and correctly
We have currently hired a professional to properly install our yardThis contractor comes highly recommended and is taking the proper steps required to install the lawn

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