Shaney's Lawn Care & Landscaping, LLC

We will complete both the ditch and mound work next spring/early summer.  We cannot put an exact date on it as we have no idea what the weather will be like in spring.  If we fail to uphold our part then we can discuss a possible refund but it will be based on the amount that was figured into the project for that portion of the work.

First of all the attached signed estimate states that there will be no refunds once work has been started and with this project everything on the estimate has actually been completed.  The dispute that we did not bring in top soil is completely false as shown in the attached photos.  We...

not only brought in the 80 yards paid for we brought in an additional 25 yards in October, 2015 at no additional charge.  In addition more top soil was brought in this spring.  Due to the fact that the homeowner was going to be gone shortly after the project was completed last fall I stated that the warranty would not be void if the watering schedule that was provided was not followed exactly.  Although if I were a homeowner with a newly planted lawn I would have made arrangements for a friend, family, or neighbor to water for me while I was gone to insure that the seed would germinate properly.  This spring I then returned to aerate, overseed, and finish the mound work.  Verbal instructions were to water on the days that it didn't rain as this was in the first part of June when we had received several good rainfalls.  I am not sure what happened but the homeowner chose not to water after the first aerating and overseeding so therefore no improvement was seen.  I then returned again the last week of June and aerated and overseeded again--this time I emailed a watering schedule on June 29.  Although it has only been 6 days if the homeowner is following the watering schedule they should be seeing signs of growth.  They already received a discount on the project plus several other amenities that I did not charge for.  ie: repairing the egress window retaining wall, burying the drain tile, leaving dump trailer on site for rock disposal, providing sprinkler use for both the initial seeding and now the overseeding.  If I had charged for all of those services the total project would have cost $10,500.00 so therefore only having paid $4222.54 is already a well discounted price and therefore no refund will be given. There also were several areas of the newly seeded lawn that were damaged by their concrete contractor and therefore was not any fault of our work.  I can provide photos of this if you would like.

I just re-read the estimate as it's been a couple days. Option 2 does include ALL the work that was to be completed by this landscaper and wasn't done.Thanks,[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
To assist us in bringing this matter to a close, we would like to know your view on the matter, the contract was to be completed in fall (new lawn, ditch and mound work). The ditch and mound work was not completed and we don't feel as though the business will be operating in the near future. We have looked this business up and there are many complaints in 2015 anywhere and everywhere including Waupaca County website. We will not accept anything but a refund to go elsewhere to get the work completed. This is been a continual nightmare for us.
Regards,
[redacted]

Our desired outcome is to be reimbursed for the additional $35,179.29 we had to spend to complete our project and to make known this company's unethical and unfair trade practices to stop them from ripping off innocent people.

First of all the lawn was completed on October 6 not October 13 as stated.  Yes, there were delays due to weather.  When doing fine grading it needs to be completely dry so therefore when it rains work is delayed a minimum of 2 business days. There were no VM messages on the office phone...

since October 6.  Our company policy is we will return all VM as soon as possible. Also please note our hours are m-f 9-5 and sat 9-12 as stated on our website.  Do I answer phone calls or return missed calls after those hours?  Yes, occasionally if I feel there is a need to follow up before the next business day or if I was unable to return/answer calls due to being busy with other business matters. Watering a new lawn is fully the homeowner’s responsibility.  The contract does not state that sprinklers, hoses, and a timer will be provided.  We were doing this as a courtesy to make it easier for the homeowner to be able to water the new lawn easier.  We did drop off the sprinklers on October 9 and there was nothing preventing the homeowner from setting up the sprinklers when our schedule did not allow us to return promptly.  You both have to remember you received your new lawn at a greatly discounted price with the $2000 courtesy discount, and the other services we provided for free.  ie. repairing the retaining wall which included bringing in more stone ($1323 value),  burying the downspout ($450 value) and providing sprinklers ($500 value).  There was also the fact that we were not paid according to the signed estimate which clearly states 1/3 down with the signed estimate, 1/3 down at the start of work, and the remainder when the project is completed.  We did not receive the second 1/3 down (due at the start of work) until after the project was completed. (Payment was received October 7)

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
Unfortunately, most of [redacted] statement is false and this is just going to continue to be a finger-pointing battle. If you look at the pictures [redacted] attached in October 2015 of our job, how do you see 105 yards of top soil? In the 1 picture, you see top soil in certain spots (dark black colored is top soil) and then it's actual existing fill/clay that was already on our yard, which is a majority of the pictures attached. There is no way that much top soil he stated was brought in, as we have other professional landscapers stating this to us now. Also, if you look at the pictures, 1/3 of the back of lawn was never graded/top soiled/seeded per contract. We contracted for an entire acre to be graded/top soiled/seeded and that was not completed. With that said the contract was not fulfilled and completed accordingly in Fall 2015, which requires refund.Yes top soil was brought to our yard in late June 2016 to patch areas of our lawn, but that was not much once again. In October 2015 before our job was started, we contacted [redacted] and suggested him to get out of the contract and be paid for work completed, as he did not have enough time to finish our yard as he pushed it back 1 month from the scheduled date of finish. He had continual excuses for cancelling and/or no showing and there was not much of rain that time of the year to use as a "good excuse". We let him know on September 26, 2015 that we understood if no work was started we could get our money back. As of October 4, 2015 the job was not completed and we informed [redacted] that we would like to wait to spring and that was due to his negligence on our job. We were told the job was to be completed the week of September 20 and it was now early October and not complete.We let him know if it was not completed asap, we wanted to push our project to spring as we had prior engagements to be gone for 2 weeks and did not want this to affect our lawn. He said not to worry as it would not affect our watering schedule during that time of the year and would not VOID our warranty. We followed the water schedule as requested in Fall 2015. In spring 2016, [redacted] did not aerate our lawn twice. He came out once to do this in early June and barely reseeded at that time. He informed us NOT to water or cut grass for 3 weeks verbally. Once again, how does grass grow without top soil? Regardless of what deal this business gave us on the contract, we paid for a professional lawn which we did not receive. We did not ask this business to do extras, the business offered to as this was a referral. It sounds like he underbid the job as it was referred and now we are burned with a lawn not complete due to the unprofessionalism of this business and unfair business practices. I have many emails/texts in writing showing everything that was clearly stated to us. Do you need to see a copy of this?I would not recommend ANYONE to pay this landscaper/business any money upfront/final payment until warranty is complete. Our warranty and contract was not fulfilled and we want a refund as we requested of $2,000. If you cannot compromise for your work/warranty not being fulfilled to the contract, we will seek further action as the Revdex.com is not assisting quickly. Your contract with us was not in code with the Wisconsin law and you are fully aware of this along with additional violations with the Wisconsin Stats. Please see the attached pictures of the lawn today not professionally done. You can tell there was NOT much top soil brought to our yard to grow grass. This landscaper is not professional and should not be in business!Regards,[redacted]