Complaints

• Initial Complaint

  09/12/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  I chose ****** Landscaping after getting a list of contractors from the BBB. The work was completed on 05/31/24. I paid the invoice of $707.85 shortly thereafter. Luke ****** committed to deliver enough topsoil to fill in areas where 12 trees had been removed from my front and back yard, as well as cover tree roots showing above ground. He also was to plant grass seed in all these areas, fertilize and cover with straw. He was also to lift pavers along the back and level. I watered all areas as he advised. The grass had time to grow before we were in our current drought. He ran out of dirt and had to get more. He chopped off some roots instead of covering, and left chunks of wood in the yard. No grass grew where planted. He may have used old seed. Some dirt washed away from where placed, since not covered with new grass. Weeds grew with no problem every place dirt was placed, so the dirt must have been contaminated with weeds. I complained of all this. He offered to come back in Oct to reseed. When contacted in Sep he offered to come by with a "quote of further charges". As if I would pay him again for his failures. He did offer to refund $160 he had charged for grass seed. I am an 84-year-old female. I cannot get rid of the weeds and replant the areas myself. The pictures of weeds I am sending show the weeds between lawn mowings.

  Business response

  10/02/2024

  We were hired to fill in holes in lawn with topsoil and cover exposed tree roots throughout the lawn. We used topsoil from a reputable supplier that was delivered on site by the supplier the day of service. The grass seed was also bought days before the service, as I opened up one of the bags in front of the customer. New topsoil and new seed were used for the project. We completed all of the work according to the contract agreed upon, as well as performing a walk-through with the customer upon completion of the project. No issues were brought up at that time. As for the wood chunks in the yard, this was not found in the walkthrough and was brought to my attention weeks later. Wood chunks were small, ranging from a few inches to maybe 8 inches long if I am remembering correctly. Customer accused us of chopping the roots of her tree, however myself and my crew did no such thing. I do not know where the wood chunks came from. Customer and I discussed this and there were no further concerns at that time. As for the grass seed not growing, we had just come out of an extremely rainy spring, and the drought conditions to come were not even a foreseeable concern. I advised verbally watering daily for the first week minimum, or until the grass germinates, and weekly thereafter depending on weather conditions. I always try to tell customers who will be watering to use their judgement for watering the grass as needed depending on current weather conditions. As the drought conditions worsened, she reached out and was very rude about why the grass was not growing but the weeds were. I explained that it was because of the weather and that action will be best taken in the fall to fix it. She continues reaching out by text messages being very rude after we had established that action will be best taken in the fall. I did not mention anywhere that I would perform more services for free. This fall, she reached out very rudely again and I explained that I would give her a quote for more services rendered since the drought conditions were out of my control. She wanted us to come fix for free or refund payment. I then offered her a refund of $160, which was the portion for the grass seed, fertilizer and straw, of which she denied. She wanted a full refund for entire project, when in reality the grass seed was the only portion of the project that was unsuccessful due to circumstances out of our control. More rude text messages followed, and no agreement has been reached since. I am still willing to refund the portion of the project that was unsuccessful if the customer would accept. 

  Customer response

  10/02/2024

  The business did not provide any new information as to why he should not refund my costs.  I'm sorry he considered my texts rude, but I am very upset that I did not get what I paid for.  The weeds would not have grown so high if the soil was not contaminated with them.  The grass seed should have germinated before we had the extreme drought.  I did water as advised by the business.  He did chop off some of the roots of the big tree, as evidenced by the pictures I sent you.  He admitted it and said it should not harm the tree. Opening a bag in front of me, if he did, did not prove how old the seed was.  Surely some of it would have grown grass if it was good seed.  Very poor outcome, not due to the weather or birds dropping weed seeds.  He did say that he would take care of the problems come October.  How could he expect me to pay him again for such poor results.  Since there was no grass to hold the soil, some of the roots are now showing again.  He scammed me.  I am a senior citizen and cannot afford to be scammed.  Best I can reply in 30 minutes.

  Business response

  10/05/2024

  I will start off by saying that we have had hundreds of satisfied customers over the last 6+ years here in the Miami Valley, due to our ongoing efforts to work together with customers to resolve any problems that arise in a reasonable and respectful manner. The reason for not refunding the entire project is due to the fact that it was the customer’s responsibility for watering the new grass seed according to the weather conditions that would transpire after service. We gave advice for how to water the new seed based on the weather conditions from the rainy spring that just occurred, but as temperatures and rainfall change, so should the watering practices have changed. At no point in our contract with the customer or in our conversation was it mentioned that we would warranty unsuccessful new grass due to not watering in accordance with weather patterns at the current time. However, in an effort to resolve this problem before it even came to BBB attention, we offered the partial refund for the unsuccessful portion of the project. I believe this gesture was more than generous, considering the fact that we are giving a refund for something that was the customer’s responsibility to maintain. I will now address each of the concerns in detail that the customer expressed in their complaints, followed with options for moving forward. 
  

  Customer said that old grass seed may have been used. I decided to research how old seed can be, before it must be used. I found from multiple seed companies online that the maximum time grass seed can be stored is 5 years in proper conditions. For each year in storage, there is a 10% decrease in germination success rate. For example, based on this research, grass seed that is 2-3 years old would achieve a 70-80% success rate. As I mentioned earlier, the grass seed was purchased merely days before service, ruling out “old grass seed” as being the cause of the unsuccessful outcome. As for the quality of the grass seed, we used K-31 grass seed that can be found across the board in many hardware stores including Home Depot, TSC, Rural King, Ace Hardware etc. and was a great choice for the full sun areas in the front lawn. In the back lawn, we used a sun/shade seed mixture from Scotts because it receives more shade from the house and trees. This rules out bad quality grass seed as being the cause for the unsuccessful outcome.
  

  For the subject of the tree roots being chopped, this is completely unrealistic. We were hired to cover exposed tree roots with topsoil, all of which were no more than a few inches above ground. We would not have gone to the extra work and time to purposefully chop the tree roots instead of covering. However, if this was the case, it would have been found in our walk-through with the customer upon completion of the project. Upon looking further into recent text messages, I see that I explained that I was unsure where the chunks came from, whether from the extra dirt brought in or the tree roots. I assured the customer that even if they had been from the tree, they were not substantial enough to cause any harm to the tree. These trees are full grown and well established. At no point did I admit to chopping the roots instead of covering. 
  

  As for the topsoil, it is unrealistic to assume that the topsoil was contaminated. Within all lawns, weeds are in competition against the desired turf at all times. As soon as there is a bare spot within the turf, weeds are able to grow with no competition, and need little resources to do so. Weed seeds can be brought in by many different methods. The very likely cause of weed seeds was from the wind blowing seeds from other weeds throughout the lawn. Because the new seed did not get enough water for the dry weather that occurred, it did not grow, allowing the weeds to grow with no competition. Contaminated topsoil is not a realistic cause for weeds. 
  

  Here are a couple options for moving forward. The customer may accept the partial refund of $160. Alternatively, the customer may supply their own materials to re-cover exposed roots, and reseed all areas within the lawn that had topsoil installed. We will install the materials supplied by the customer at no cost. Customer assumes the cost and responsibility of said materials, we can give suggestions for materials if desired by the customer. Additionally, if the customer desires sprinklers to aid in watering, likewise, they may supply the materials and we will install said materials at no cost to the customer. This option will eliminate the question of the age and quality of materials used. 
  

  I do not believe that giving a full refund is a reasonable and respectful request given the circumstances. However, I am open to considering other options for a middle ground. 

  
  

  Customer response

  10/07/2024

  Mr. ****** assumes that I did not water the areas enough and that this is the sole reason that no grass grew but the weeds grew knee high. However, I did water the areas not only as advised but also if it had not rained that week. I am sure the areas had enough water for the seed to germinate. It did rain the 3rd week after the seed was planted. 

  In one area Mr. ****** threw grass seed down on the bare ground in an area where he had not put down dirt. I said don't you need to rough up the soil first? He said no, that wasn't necessary, the grass would grow. Perhaps he knew it wasn't likely to grow anywhere. Which it did not.

  There was no dirt on the chunks of wood found in the yard next to where the large roots were covered, so it isn't likely that they came from the additional dirt he brought in. I thought he, or his helper, had probably cut off some of the large roots because he was running out of dirt to cover them.

  I have my lawn mowed regularly. There are no weed seeds to blow onto the bare areas. 

  Business response

  10/10/2024

  I will adjust my offer to 50% of the project for $350 refund. 

  Customer response

  10/10/2024

  
  Complaint: ********
  
  I am rejecting this response because:  I will accept $450 rather than the offer of $350.  This will better enable me to hire someone else to replace the dirt which has washed away due to no grass to hold it in place, get rid of the many weeds that grew in each spot, plant new grass seed in each area and cover each area with straw.  The areas will continue to be ugly until I'm able to do that.  Once I am able to hire someone to correct this problem I will then have to water the areas again for some time.  I am physically less able to do that as time passes.
  
  Sincerely,
  
  ******* *******

  Business response

  10/14/2024

  I will send a $450 check in the mail. 

  Customer response

  10/15/2024

  
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.  I will notify the Better Business Bureau if I do not receive the check offered by the business within the next 10 days.
  
  Sincerely,
  
  ******* *******

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