River City Rain Sprinklers and Landscape, Inc.

First, the pictures do help illustrate the situationPlease note: all pictures of the rock washed away are the same area along the driveway just from different anglesThe weeds are right around the plant.Saying that we returned times is not an admission of guiltIt’s a matter of ethics and good customer serviceNot to be flip, but if a customer has a concern or complaint it is our job to check it outSo we didNot every visit resulted in something needing to be doneThat did not dissuade us from continuing to returnWe realize there is a learning curve involved in a client taking over the care of their yard so we return if they have questions or problemsSometimes a text or phone call does the jobWe responded to many of those as well We also gift each customer who has planting done a water meter to empower them so they can determine if a plant is too wet or too dry to assist them in making any adjustments due to season, growth or other plantings they may addThe customer had already killed his lawn and declined any other measuresThey were counseled, that with an enriched planting mix, root stimulator and water added to each plant hole dug, that weeds would happenLandscape fabric reduces weed growth, but does not eliminate them completely There is still due diligence of reasonable maintenance to be doneAs for the rock washing away, I would like to again say, that on our last visit to specifically address that concern we had recommendations and one was dismissed immediatelyThe first and best, which was offered for the first time when we initially met, was to connect the downspout to the existing drain line that would take the water to the streetThat would have solved all of thisThey felt it was an unnecessary expense and declined itWe offered it again upon seeing firsthand the when the first real rain of the season that resulted in some rock washing down a very steep driveway bedThe other option given on the last visit was to line the bed with some medium sized rounded cobble to help deflect the torrent of water from the downspoutIt would also help soften the rush of water going into the bed along the sharp edgeThis was told to the wife who said she would pass it onWe have heard nothing accepting or declining that remedy

The project was completed on August 16, There were issues with some plants which we replaced under warranty, even though some were arguably not technically a warranty conditionOur records indicate that we have returned a minimum of individual times to address issues both on and off
warrantyThe only outstanding item that I am aware of is the rock that washed away due to the force of the water coming from the customer's gutter and downspout during an abnormally high flowDrainage was not included in the contractWe met with the wife and gave her our best advice on options to resolve itShe was going to speak to her husbandThere has been no reply to our offer

We’ll replace the missing Mocha Lava 3/8th Nothing else

I am rejecting this response because:
I'm assuming that the "manzanita emerald carpet" is the same plant as those Nayjo replaced the other two ceanothus with? Please confirm. What about a Border between mine and my neighbor's lawn and the lost Lava Rock? Both are imperative to any agreement to resolve this complaintLikewise, I will not waive any other claims at this juncture, however and as I was advised by the CSLB representative, I will await the return of Spring to assure that the dormant plants come back - two (2) of which we pointed out to *** were dying and which he said, "Keep an eye on them"; this was only shortly before the seasons changed. At the time, they hadn't 'come back' yet

I am rejecting this response because: Their admission that they returned times, is evidence of our complaint and the issues that remainFurther, some of their visits were simply for the purpose of verifying the problems. There were only 2-where they took remedial measuresI've attached a few photos, which are representative of the issues enumerated in our complaint. Please refer back to that complaint, in further support of this rejection(*Photos would not attachSent in email to Mr*** ***.)

First, the pictures do help illustrate the situationPlease note: all pictures of the rock washed away are the same area along the driveway just from different anglesThe weeds are right around the plant.Saying that we returned times is not an admission of guiltIt’s a matter of ethics and good customer serviceNot to be flip, but if a customer has a concern or complaint it is our job to check it outSo we didNot every visit resulted in something needing to be doneThat did not dissuade us from continuing to returnWe realize there is a learning curve involved in a client taking over the care of their yard so we return if they have questions or problemsSometimes a text or phone call does the jobWe responded to many of those as well We also gift each customer who has planting done a water meter to empower them so they can determine if a plant is too wet or too dry to assist them in making any adjustments due to season, growth or other plantings they may addThe customer had already killed his lawn and declined any other measuresThey were counseled, that with an enriched planting mix, root stimulator and water added to each plant hole dug, that weeds would happenLandscape fabric reduces weed growth, but does not eliminate them completely There is still due diligence of reasonable maintenance to be doneAs for the rock washing away, I would like to again say, that on our last visit to specifically address that concern we had recommendations and one was dismissed immediatelyThe first and best, which was offered for the first time when we initially met, was to connect the downspout to the existing drain line that would take the water to the streetThat would have solved all of thisThey felt it was an unnecessary expense and declined itWe offered it again upon seeing firsthand the when the first real rain of the season that resulted in some rock washing down a very steep driveway bedThe other option given on the last visit was to line the bed with some medium sized rounded cobble to help deflect the torrent of water from the downspoutIt would also help soften the rush of water going into the bed along the sharp edgeThis was told to the wife who said she would pass it onWe have heard nothing accepting or declining that remedy

I am rejecting this response because: It's clear to me both, that they have become very adept at deflectingAs well, that they have no intention of remedying our situation and so, I would simply hope that your department makes a note of this complaint in their recordIn response to theirs, I will attempt to address in the order of the sameTo use their terms, this very much is "a matter of ethics and good customer service"Ironically, they've exemplified neither in their dealings with usIrony further still, that they say, "if a customer has a concern or complaint, it is our job to check it out"Actually, as a contractor paid to deliver a product and service, it's not their "job to check it out", it's their job to FIX ITIn fact, that's all we were expecting and are currently seeking. To establish context, my request to them at the outset, was that we wanted something "with no grass and which required little to no maintenance and upkeep"For this reason, I was happy to learn that the irrigation timer that they were installing had weather and heat sensors so that we did not have to fuss with constant adjustmentsApparently, that was too high an expectation to have since within less than two weeks, plants were dying and they had to "gift" us the ($5.00) moisture meterNot quite sure what their reference to "The customer had already killed his lawn..." refers to? As for the weeds, they were not simply "right around the plant"They are relatively widespread, including in areas that are a considerable distance from any holes dug for plantingAnd, although there is weed blocker material, the weeds grow through it, which is evidence that they failed to properly strip all remaining root bed as agreed.Further, I gave them a veritable 'blank slate'In fact, when they asked me "what is your budget?", I told them that I did not have a budget in mind and instead, asked what/how they chargedThey provided an approximate dollar cost per square foot, as well as my yard's approximate sizeWe agreed and they came up with the ENTIRE design and installation plan, with our input limited to providing feedback on the plants they recommended and later, the color of the rockTherefore, their claim that "The first and best (recommendation for the washed away rock), which was offered for the first time when we initially met...They felt it was an unnecessary expense and declined it" is a Patent LieAs outlined in my correspondence with them, submitted with my initial complaint, there was NEVER ANY DISCUSSION about drainage or advice from them - the professionals - that drainage could be an issue and so, needed to be addressedIn an attempt to provide you with what we feel would be a fair resolution of this issue, I offer the following: 1) that they replace the two remaining ceanothus with the same plants that replaced the other two; 2) "connect the downspout to the existing drain line that would take the water to the street"; and, 3) provide us with a 10% refund of their Labor charges and a 5% refund of their Materials charges that we paidItem #3 to compensate us for the probability that the "two other larger plants that we pointed out were dying" (as mentioned in our letter to them), as well as their failure to completely and/or properly strip the root bed, which is leading to the subject weed growth

I am rejecting this response because:
I'm assuming that the "manzanita emerald carpet" is the same plant as those Nayjo replaced the other two ceanothus with? Please confirm. What about a Border between mine and my neighbor's lawn and the lost Lava Rock? Both are imperative to any agreement to resolve this complaintLikewise, I will not waive any other claims at this juncture, however and as I was advised by the CSLB representative, I will await the return of Spring to assure that the dormant plants come back - two (2) of which we pointed out to *** were dying and which he said, "Keep an eye on them"; this was only shortly before the seasons changed. At the time, they hadn't 'come back' yet

There is no admission of wrongdoing on any portion of the contract, however, here is our offer to settle this issue and satisfy the customer’s complaints:? ??" connect downspout at corner of house to deliver run off to nearest available existing drain line, or exit at sidewalk, whichever is least disruptive to landscape and is most efficient in labor and materials??" replace the remaining (2) Ceanothus ‘diamond heights’ with manzanita ‘emerald carpet’.? No other offer is available or inferred.? This work can be completed within business days of acceptance.? Acceptance of this offer voids all other complaints filed with the Contractors State License Board, other public and private agencies, and any litigation

I am rejecting this response because:? Mr[redacted], It's become clear that, not only are they unwilling to stand behind their work but are now intent on insulting usI'm sure you'll agree that our expectations and requests for remedying our issues have been nothing but reasonableI don't think it's too much to ask that when you pay significant money for a product and service, that product and service will be delivered as represented and in? the expert manner that was representedThat has not been our experience with this businessPursuant to our most recent conversation, please conclude my complaint with your department as "Unresolved" and I'll pursue through the CSLBI thank you for your efforts

I am rejecting this response because: It's clear to me both, that they have become very adept at deflecting. As well, that they have no intention of remedying our situation and so, I would simply hope that your department makes a note of this complaint in their record. In response to theirs, I will attempt to address in the order of the same. To use their terms, this very much is "a matter of ethics and good customer service". Ironically, they've exemplified neither in their dealings with us. Irony further still, that they say, "if a customer has a concern or complaint, it is our job to check it out". Actually, as a contractor paid to deliver a product and service, it's not their "job to check it out", it's their job to FIX IT. In fact, that's all we were expecting and are currently seeking. To establish context, my request to them at the outset, was that we wanted something "with no grass and which required little to no maintenance and upkeep". For this reason, I was happy to learn that the irrigation timer that they were installing had weather and heat sensors so that we did not have to fuss with constant adjustments. Apparently, that was too high an expectation to have since within less than two weeks, plants were dying and they had to "gift" us the ($5.00) moisture meter. Not quite sure what their reference to "The customer had already killed his lawn..." refers to? As for the weeds, they were not simply "right around the plant". They are relatively widespread, including in areas that are a considerable distance from any holes dug for planting. And, although there is weed blocker material, the weeds grow through it, which is evidence that they failed to properly strip all remaining root bed as agreed.Further, I gave them a veritable 'blank slate'. In fact, when they asked me "what is your budget?", I told them that I did not have a budget in mind and instead, asked what/how they charged. They provided an approximate dollar cost per square foot, as well as my yard's approximate size. We agreed and they came up with the ENTIRE design and installation plan, with our input limited to providing feedback on the plants they recommended and later, the color of the rock. Therefore, their claim that "The first and best (recommendation for the washed away rock), which was offered for the first time when we initially met...They felt it was an unnecessary expense and declined it" is a Patent Lie. As outlined in my correspondence with them, submitted with my initial complaint, there was NEVER ANY DISCUSSION about drainage or advice from them - the professionals - that drainage could be an issue and so, needed to be addressed. In an attempt to provide you with what we feel would be a fair resolution of this issue, I offer the following: 1) that they replace the two remaining ceanothus with the same plants that replaced the other two; 2) "connect the downspout to the existing drain line that would take the water to the street"; and, 3) provide us with a 10% refund of their Labor charges and a 5% refund of their Materials charges that we paid. Item #3 to compensate us for the probability that the "two other larger plants that we pointed out were dying" (as mentioned in our letter to them), as well as their failure to completely and/or properly strip the root bed, which is leading to the subject weed growth.

I am rejecting this response because: Their admission that they returned 7 times, is evidence of our complaint and the issues that remain. Further, some of their visits were simply for the purpose of verifying the problems. There were only 2-3 where they took remedial measures. I've attached a few photos, which are representative of the issues enumerated in our complaint. Please refer back to that complaint, in further support of this rejection. (*Photos would not attach. Sent in email to Mr. [redacted].)

The project was completed on August 16, 2016. There were issues with some plants which we replaced under warranty, even though some were arguably not technically a warranty condition. Our records indicate that we have returned a minimum of 7 individual times to address issues both on and off...

warranty. The only outstanding item that I am aware of is the rock that washed away due to the force of the water coming from the customer's gutter and downspout during an abnormally high flow. Drainage was not included in the contract. We met with the wife and gave her our best advice on options to resolve it. She was going to speak to her husband. There has been no reply to our offer.

I am rejecting this response because:  Mr. [redacted], It's become clear that, not only are they unwilling to stand behind their work but are now intent on insulting us. I'm sure you'll agree that our expectations and requests for remedying our issues have been nothing but reasonable. I don't think it's too much to ask that when you pay significant money for a product and service, that product and service will be delivered as represented and in the expert manner that was represented. That has not been our experience with this business. Pursuant to our most recent conversation, please conclude my complaint with your department as "Unresolved" and I'll pursue through the CSLB. I thank you for your efforts.

We’ll replace the missing Mocha Lava 3/8th . Nothing else.