Sunrise Electronics

From: < [redacted] @ [redacted] cc>Date: Thu, Jan 26, at 12:PMSubject: [FWD: You have a new message from the Revdex.com serving Greater Cleveland regarding complaint # [redacted] .]To: ***[email protected]***: Thank you for your follow upI wasn't sure how to update Revdex.com as the message - said no further action required Update: A couple of weeks ago, after my suggestion to bring in a third party expert, Avon ***scaping send the tech who installed the wall to come over and take a lookHe arrived without notice and told my wife that yes indeed it looked like it had moved further and said that when the weather was acceptable that they would come back and correct the problemI am hopeful that it will be done right this time without further issueHow and when should I update the complaint? I greatly appreciate the help of the Revdex.com, as I wasn't sure what to do next short of calling an attorneyThis is the first time I have had cause to contact the Revdex.com and very thankful for the assistanceWarm regards, [redacted] @ [redacted] .cc [redacted]

We would like to make an additional comments on the e-mail response just sent to you.We sent two 'contracts' for the lawn replacement, one date August and one dated September 2014.The August 'contract' showed (a) Avon's installation of paver wallsThis contract shows an adjusted pricing for this workAvon's GM came for us to sign the contract for this work He told us there was a 'misunderstanding' with his supplier on the paver pricing We readily agreed to change the pricing[The original pricing was attractive The adjusted pricing was comparable to that of other contractor.] We believed this would indicate to this contractor that we were fair and reasonable and he would respond in kindThe September 'contract' for lawn replacement shows one less contract term from the 'August contract', i.eslice, vericut, rake yard' Unfortunately, we did not compare terms in the 'two contracts' We believed we were dealing with a high integrity contractor and there was no need to compare the terms in the two 'contracts' Sincerely [redacted]

Revdex.com:I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below
I have attached my response to Avon Landscaping GM response to my complaint ID ***
We were 'out of town' addressing some family ***ers when we received your e-mail stating the complaint was closed. Subsequently, we were out of town on two occasions for these same ***ers. In addition, we had an overseas visitor
These items took precedence over responding to the Revdex.com
Furthermore, this is our first experience with filing a Revdex.com complaint and were unaware there was a (short) time limit for response
We ask for your forbearance and would appreciate if you could accept our attached response
Sincerely
*** (and ***) ***
PS I have attached my response in a Word Document and have attached a number of photos
Immediately below, you will find a copy of this word document
PSS I will send additional photos in additional e-mails. It appears I may have made the file too large
Subject: Revdex.com complaint - Avon Landscaping
Complaint ID ***
Response to Contractors Response
Business:
Avon Landscaping
PO Box ***
Avon, Ohio
*** ***
***
*** * ***
*** *** ***
Avon Lake, Ohio
Land Line: ***
E-mail: ***
We feel there are a number of inaccuracies and omissions in this contractors response to our complaint
We would like to start with this contractors contract terms
Terms:
1. Kill existing front lawn and tree lawn
2. Fill in low areas in yard and top dress entire lawn with top soil and compost blend and compost blend
3. Reseed front lawn and tree lawn
The terms are stated correctly in the final contract the paying customer and contractor signed.
The contractor deleted one term from his original proposal that the paying customer missed. Namely Slice, vericut, rake yard. Customers now realize they should have compared the two documents
Paying customer comments:
1. Killing the existing front and tree lawn
a. Contractor did not kill (all) the existing lawn and tree lawn
i. In early June we saw portions of the front and tree lawn were dying
ii. We assumed it was Avon had done the work
iii. We called Avon's office two times for verification and requested the GM contact us - no response or call back. We also told the office person that not all the agreed lawn/work area was killedWe asked that Avon GM contact us so we could review the situation and refresh the GM's memory as to the agreed upon work area
1. Avon did not contact paying customer to inform them when work was going to be done, did not contact them after work was done, and did not leave a note informing customer work was done. There was no communication from contractor to paying customer
iv. Avon did not kill all the existing lawn that was agreed upon when the contract was signed. Avon clearly did not met terms of their own contract
Avon GM description of lawn replacement job. GM stated that job was done on two successive days, i.e6/24/and 6/25/15. GM's claimed the crew was able to successfully complete the installation.
Paying customer comments:
Customer takes exception to GM's self serving evaluation of his own work. We also feel there was a least one critical omissions and inaccuracies .
1. Avon crew arrived unannounced one afternoon in late June
a. Paying customer had to go to meet crew chief
b. Paying customer had to inform crew chief of work area and inform him that now all agreed upon work area lawn had been killed (not to mention that grass was re-emerging in areas of 'killed' lawn
c. Crew chief told paying customer they would do whatever it took to install lawn before arrival of heavy rain
2. Although the statement that work was done on two successive days is correct it is misleading. The work was, in fact, done on two abbreviated successive afternoons with some of the work being done while it was raining
a. The entire yard was not top dressed according to industry standards which call for a uniform thickness of dressing. Avon GM subsequently attempt to invoke his own self serving, industry defying standard 'thickness' varies is unacceptable When paying customer showed him spots and areas where there was no top dressing, he dismissively stated 'the rain washed it away'. As noted in paying customers original complaint the facts did not support Avon GM assertionAvon clearly did not meet terms of his own contract.
3. Customer disagrees with Avon GM assertion of 'successful installation'. Paying customer agrees that 'an installation' was made but disagrees with the self serving description that it was successful. Successful means a quality installation with no problem(s) created
4. Avon GM ignores the fact that Avon created a drainage problem that was not present before their lawn replacement. Avon changed the 38+ year correct lawn contour by building a mound in lawn which causes water to drain towards our home not away from our home. This did not exist for the 38+ years we have lived in our home. This fact is clearly shown on Google earth street view picture taken before Avon's lawn replacement. Screen shots are attached
a. Paying customer has raised this issue with the Avon GM on multiple occasions. Each time GM turns a 'dear ear' and will not respond to customer.
b. Avon GM presented a convoluted argument explaining why he can't fix the drainage problem he created totally ignoring the fact that it did not exist before he did the lawn replacement
c. Customer categorically states creating a drainage problem is contrary to GM self serving evaluation that job his job was 'successful'
d. Customer also states with absolute certitude we did not hire Avon to create a drainage problem
Contractor Statement: It should also be noted that the front lawn and tree lawn were coming in beautifully at the time of the first meeting on 7/15/
Paying customer comments
Customer disagrees with this contractors self serving, self analysis of his work product
Customer agrees there were some limited areas that were starting to look acceptable. There were, however, many spots and areas that came nowhere near his description. There were numerous spots and areas that were either barren or showed virtually no emerging grass. There was, however, large areas with large amounts of straw and no visible grass Dated photos of Avons lawn replacement job attached
Contractor Statement: No extra charge was charged to the homeowner for any of this additional work non-contracted work (soil, seed, labor)!
Paying customer comments:
This is an outright falsehood. This work area and the work this contractor described were an integral part of our mutually agreed contract
Contractor statement: hours of labor was used
Paying customer comments:
Customer was home when Avon crew arrived unannounced and was present for the entire time crew was at work site. Contractor was not present. Crew was not on site for hours
Contractor statement: (8/13/15) *** *** reminded the homeowner that the grade could not slope away from the walkway to the due to the large existing tree in the front lawn
Paying customer comments:
Contractor again refuses to acknowledge the fact that this drainage problem did not exist for the years the customer prior to his work (see Google earth street view). The builder and his landscaping contractor clearly demonstrated that they had the skill set necessary to correctly grade lawns away from all the homes in the development . The large tree alluded to by Avon was there years ago when the home was builtCustomer also notes that some of the other homes in development have replaced lawns over the years (same topography and same large trees) and their contractors retained the original correct contour (read away from the homes) and their contractors di not introduce drainage problem(s) . This contractor has clearly demonstrated that he does possess this same skill set.
Contractor statement: (8/13/15): *** let the customer know that the lawn was looking excellent for how new the lawn was and that he wished all the lawn we installed came in this well
Paying customer comments:
Customer again disagrees with this contractor self-serving self analysis of his work product. There were still many spots and areas that were barren with no visual evidence of top dressing and areas with minimal, if any, emerging grass. This contractors commentary 'let the customer' know is telling. It is indicative of his condescending attitude towards these paying customers. I'm always right, you're always wrong - what don't you understand. I've got my mind made up - don't confuse me with facts. Both of us were left with the impression that he viewed himself as the omnipotent, all knowing landscaper and viewed us a two gullible ignorant seniors. Dated photos of Avon's excellent lawn job attached
Contractor statement: (8/13/15) *** let the customer know that be best thing to do would be to continue to water and continue with lawn treatments. The homeowner then cancelled the treatment program which voided his warranty on the newly seeded lawn
Paying customer comments:
Customer(s) did knowingly cancel lawn treatment program. The reasons they did so were that these two senior were smart enough to know that additional treatments and watering the ground (er grass) would not
1. Fix the drainage problem this contractor created (with his lawn replacement)
2. Would not make top dressing magically appear on the areas in the lawn where there was no visible top dressing
3. Would not fill the cracks in the ground that were not present before this contractors lawn replacement
4. Customer reluctantly reached the conclusion this contractor was not going to make this job 'right'
Contractor Statement: At this time paying customer still had an outstanding balance of $374.25. This balance has been credited to the homeowner due to their unhappiness about the grade issue (which was never part of the original contract). It should be noted that nowhere in the contract did it say anything about grading the yard so there would be no crown around the existing front tree
Paying customer comments:
This is another example of this contractors self serving, self analysis of his own work product. His statement that there was nothing in the contract about grading the yard is correct Now for the rest of the story:
1. Grade issue was never part of the contract because there was no need to. The existing ground/lawn contour was graded in the right grade direction- away from the home as it was for the years prior to his lawn replacement. There was no drainage problem Customer never imagined any landscaper would change the lawn contour and create a drainage problem If it ain't broke don't fix it
2. This contractor's admitted he created a crown in the lawn when replacing the existing lawnThis crown created a drainage problem that did not exist before this contractor created this unnecessary crown - there was no crown before his lawn replacement and the lawn drained in the right direction
3. Even these two seniors are smart enough to know there is a simple fix to the drainage problem this contractor created - return the contour to what is was before he replaced the lawn This contour restoration can be made by re-grading the ground and/or elimination of the crown this contractor needlessly created. Or in simple terms if this contractor hadn't created a drainage problem - there wouldn't be a need to fix it
As to his less than generous credit of $
1. Contractor has profited from this job
2. The paying customer, on the other hand, is (a) out $3300, (b) is stuck with a drainage problem that this contractor created and refuses to fix, (c) has a lawn that looks worse than the lawn it replaced, (d) will have to retain and pay another contractor to eliminate the drainage problem and install a new lawn
Contractor statement: Avon Landscaping has done everything possible to satisfy this customer but this was not able to be done
Paying customer comments:
Customers vigorously disagrees with this contractors self serving statement. Contractor has not done everything possible that could have satisfied customer. Contractor could have honored the terms of his own contract, e.g. killed the entire lawn, top dressed the entire lawn with a uniform thickness dressing. Contractor could have satisfied customer if he chose to fix the drainage problem he needlessly created
Good contractors stand behind their work and willingly fix any problems they might have created. These contractors rightfully earn their high ratings. The others don't
***, The 2nd photo shows where Avons Lawn front lawn replacement ends and 'the old existing lawn starts'. We did not apply any fertilizer to the old lawn this year because it was (and is) scheduled to be replaced after a home addition (rear of home) was complete. The addition was completed early fall - so we deferred its replacement until 2016. *** and *** *** ***, I have attached photos of Avon's lawn replacement circa July 2015. ***, We have attached representative dated photos of Avon's lawn replacement taken August 2015*** (and ***) *** (Please refer to photos supplied by the consumer)

12/22/ Attn: *** *** Be: Complaint ID *** (*** ***) Dear ***, please forward: I apologize for not getting back to you, We have checked out your wall, which we re-built, and maintain that it is just fineLooks just like it was when repairs were completed the second
time around. We certainly will stand behind the wall if it starts to moveYou have a year warranty on the wall. Thank you! Tom Brunner President Avon ***scaping Inc

In response to the complaint filed against Avon Landscaping Inc
Avon Landscaping was originally setup to kill Mr***'s front lawn and treelawn in the spring of The contract was signed 3/3/and specified the following items: #- kill existing front lawn and tree lawn, #fill in low
areas in yard and topdress entire yard with topsoil and compost blend, #re-seed front lawn and treelawn
The homeowner did not want me to install the new lawn until he was home from vacation after Memorial DayThe front lawn was sprayed and killed on 5/27/On 6/24115, Avon Landscaping had a crew of men prepare the front lawn, treelawn and right side of drivewayThe following day, 6/25/the yard was topdressed with topsoil and compost blend as was originally agreed upon and re-seededThere was rain coming in that day, which made things difficult but the crew was able to successfully complete the installationHeavy rains did come the following day which exposed a low area in the front yard and some problems areas along the right side of the drivewayThe homeowner informed Avon Landscaping of these problems and the crew that originally performed the the installation came back out and added soil to correct the low area in the front yard where water was poolingThe right side of the driveway was not addressed at this time
The general manager, *** *** had a meeting with the homeowner in which concerns were discussedThe homeowner was concerned that there was a small crown in the front yard about 8' - 10' away from the front walkwayMr*** explained to the homeowner this crown would need to remain due to a large existing tree that was in the front yard and would not allow for a slope away from the front walkway as the homeowner had wantedThis was explained to the homeowner and an understanding was met that this grade would have to remain with a small crown due to the existing treeThe meeting resulted in the following steps that the homeowner wanted done#- topdress, roll, level lawn area to the right of the driveway that was uneven and sparse due to heavy rain and wash out#- level, strip out grass area along driveway turnaround areaRake out and seed area
It should also be noted that the front lawn and treelawn were coming in beautifully at the time of this first meeting on 7/15/
On 7/22/Avon Landscaping sent out the original crew that did the work in June to address the items that were discussed from the meeting on 7/15/The right side of the driveway was redone as well as the the area by the turnaround that originally was not able to be done due to pallets of material for a backyard project being in the wayNo extra charge was charged to the homeowner for any of this additional non-contracted work (soil, seed, labor)! The crew also touched up the edges of the yard as neededOne additional yard of topsoil/compost blend, pounds of seed and hours of labor was used for this repairThe items that were to be addressed had been completed as the homeowner specifically requested
Avon Landscaping then received a call from the homeowner a few weeks later saying that they would like to meet again to discuss the yard againA meeting was set for 8/13/between the homeowner and *** ***At this meeting the homeowner once again discussed the crown effect that the front lawn had due to the large existing tree in the front yardAt this time, *** *** reminded the homeowner that the grade could not slope away from the walkway to the street due to the treeIt was clearly stated that this issue was discussed in the first meetingThe entire front lawn was coming in beautifully, yet the homeowner was not satisfied with their month old newly installed lawn*** *** let the homeowner know that the lawn was looking excellent for how new the lawn was and that he wished all the lawns we installed came in this wellThe homeowner disagreed and demanded the job be redone*** *** let the homeowner know that the best thing to do now would be to continue to water and continue with lawn treatmentsThe homeowner then cancelled his lawn treatment program which voided his year warranty on his newly seeded yardAt this time the homeowner still had an outstanding balance of $This balance has been credited to the homeowner due to their unhappiness about the grade issue (which was never part of the original contract)It should be noted that no where in the contract did it say anything about grading the yard so that there would be no crown around the exiting front treeAvon Landscaping came out on multiple occasions to address the customer's concernsAvon Landscaping has done everything possible to satisfy this customer, but this was not able to be done
Sincerely,
*** *** General Manager Avon Landscaping Inc*** ***

We would like to make an additional comments on the e-mail response just sent to you.We sent two 'contracts' for the lawn replacement, one date August 2014 and one dated September 2014.The August 'contract' showed (a) Avon's installation of paver walls. This contract shows an adjusted pricing for this work. Avon's GM came for us to sign the contract for this work.  He told us there was a 'misunderstanding' with his supplier on the paver pricing.  We readily agreed to change the pricing. [The original pricing was attractive.  The adjusted pricing was comparable to that of other contractor.]  We believed this would indicate to this contractor that we were fair and reasonable and he would respond in kind. The September 'contract' for lawn  replacement shows one less contract term from the 'August contract', i.e. slice, vericut, rake yard'.  Unfortunately, we did not compare terms in the 'two contracts'.   We believed we were dealing with a high integrity contractor and there was no need to compare the terms in the two 'contracts'.   Sincerely [redacted]

From: <[redacted]cc>Date: Thu, Jan 26, 2017 at 12:24 PMSubject: [FWD: You have a new message from the Revdex.com serving Greater Cleveland regarding complaint #[redacted].]To: [redacted][email protected][redacted]: Thank you for your follow up. I wasn't sure how to update Revdex.com as the message - said no further action required.  Update: A couple of weeks ago, after my suggestion to bring in a third party expert, Avon [redacted]scaping send the tech who installed the wall to come over and take a look. He arrived without notice and told my wife that yes indeed it looked like it had moved further and said that when the weather was acceptable that they would come back and correct the problem. I am hopeful that it will be done right this time without further issue. How and when should I update the complaint? I greatly appreciate the help of the Revdex.com, as I wasn't sure what to do next short of calling an attorney. This is the first time I have had cause to contact the Revdex.com and very thankful for the assistance. Warm regards, [redacted].cc[redacted]