ComplaintsforSpencer Landscaping Inc.

• Initial Complaint

  10/03/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  I hired Spencer Landscaping in November of 2021 to install a sundeck and replace the vinyl liner in my swimming pool. 1. They didn’t measure the pool and ended up ordering the wrong size liner. They relied on my initial installation plans rather than double checking the measurements. To improvise they added a very noticeable concrete slope to the bottom of the shallow end of the pool about two feet out all around the sundeck. This has altered the bottom of my pool in a manner that was not agreed upon in our original contract. 2. The timeline of the project was outside of our initial agreement. I made it clear I did not want the pool torn up during the summer when we use it daily. They told me what I wanted to hear to get me to sign the contract. On three occasions, including two in writing, they agreed to have the project completed in the Spring of 2022 before they started regular pool installs. Due to this I agreed to move forward with the project and gave the 50% required deposit immediately. After many attempts to contact them from April to July they finally scheduled the project for July 25th. 3. The length of the project was also not as promised. I was advised it would take two days. However, it instead took 5 days to complete. They started the project on a Monday, stopped working mid day on Tuesday, and didn’t return until Friday. They tried to blame this on the weather, but it was clear all week. 4. The initial contract included a charge for $395 worth of water, but the water they added was green and had no business going into a residential pool. I had to spend $246.54 in chemicals working with my local pool company to get my water chemistry correct. 5. The final invoice had charges I didn’t agree to. They charged me $612.50 additional for water that wasn’t in the initial contract and $104.98 for a gasket kit, without providing proof the existing gasket was damaged. 6. They damaged one of my exterior electrical outlets that now has to be replaced.

  Business response

  10/11/2022

  *****,

  Please see the attached 2 responses from my previous emails to ****** that sums up our position in this case.

   

  ******,

  Sorry you feel dissatisfied about the project.  We tried to get to your project as early as we could.  With weather and staffing shortages several of larger projects were delayed over the spring and summer pushing back our schedule.  There was not guaranteed date for the installation.  We did try  to complete jobs as quickly as we could this spring to get to you on the schedule.  For the liner we did use the measurement from the original drawing (you supplied) done by Imperial which is the same company we used for the addition.   They instructed me the original drawing would be sufficient for the measurements so that is what we used and you did sign off on the drawing as well with the measurements included from Imperial. I agree after fact of ordering, we did discuss the measurement being off from the original drawing and we did work with Imperial to ensure the liner would still fit with adjusting the step which we did discuss on the phone before the project started.  We would not have installed the liner if we thought there would be a problem or it would not fit properly.  The project took the extra time because they called for rain every day that work that we had to work around.  We cannot set a liner or schedule water delivery for days it could rain.  That could cause a quality issues if moisture got behind the liner (I called you Monday when we started to discuss that and the weather channel app called for rain every day except Friday).   The water hauled in came from Richmond Ind water plant for the first load and Farmersville OH for the remaining 2 loads.  These are city municipalities that supply water and test regularly, if there was concerns of algae we would have to discuss with them.  It was never stated you was going to fill it yourself.  We was trying to get you pool filled so you could enjoy it that weekend. Per the drawing done by the manufacture you pool hold 21,400 gallons.  The gasket kit was to replace the old gaskets on any penetration going through the liner and you don’t know if they need replace until they are removed and inspected.  If they are dry rotted or crack then we replace them.  If we would have reused the old ones and they leaked I think you would have been unhappy.  The project did turn out nice and looks great.  The items on the invoice are for exactly what we did and completed. 

   

   

    ******,

  as stated before all of the charges are correct and directly pertained to your pool and the installation.  You claim you knew nothing about the water or didn’t agree to delivering it but when we spoke on the phone as the driver was bring the last load you had me call him to find out how far away he was so you could be home when he got there.  So, that shows you did know the water was being delivered.  If you did not want it then it should have been discussed then.  As for the clarity of the water, again it came from the City of Farmersville Water Plant.  Any claim as non-merchantable water,  would need to be discussed with them and I am sure they will share their testing results they have to record daily/ weekly.  As for the liner, it fits perfect and the pool is 100% usable and looks great.  The liner and sundeck was ordered off the original drawing you supplied us with, and the manufacture stated the drawing was sufficient. That same drawing is how the original liner was made.  The same company (Imperial) did the new drawing and CAD drawing for the sundeck.  As the homeowner you signed off on the drawings that had all the measurements listed. If you need a copy I can send you one. 

   

   

  Thanks,

   

  ***** *****

  Spencer Landscaping Inc.

  ****************************

  ************

  Customer response

  10/15/2022

  
  Complaint: ********
  
  I am rejecting this response because:

  
  The information in the email responses from Mr ***** is inaccurate and contradicts the emails I received from him at the time of contracting that I have attached to this complaint. In his response he states they were working on jobs left over from the previous year, but our contract was signed in November. That late in the year Mr ***** would have known of these jobs and should have communicated that if it were true.  Instead he specifically stated in the emails they would get to my project in the spring. I’ve also attached an email where he specifically states he would get my project completed before starting pool installs. They did not try to get to my project as early as they could (as he indicated in his response) or they would have had it complete before installs as stated in November. I’m also attaching the email responses I received each time I tried to inquire about the timeline. Each response had a further delayed timeline they still weren’t able to adhere to. The project did not commence until the end of July. 
  Yes, I supplied the original measurements per their request, but as the homeowner I should not have been required to confirm measurements. I signed the drawing to confirm I was okay with the design, not confirming I was responsible for the measurements of the pool and liner. No reputable contracting company relies on measurements from a homeowner then holds them responsible when the measurements aren’t accurate. The alterations they made to the bottom of my pool due to the mismeasured liner were not agreed upon by me or discussed with me prior to the project start. His statement that the "pool is 100% usable and looks great“ is his opinion and in no way addresses the fact that they altered the pool outside of the contract. I have attached images to show how the floor of the pool was altered. 
  
  
  The response from Mr ***** where he states the project took extra time due to rain is also inaccurate. Yes, he stated that to me over the phone, however there was no rain that week and the representative from Spencer Landscaping who was on site, Wes, admitted they could have finished the job on Tuesday but he had a doctors appointment so they wouldn’t be back until Friday. However there was still no rain the rest of the week so absolutely no reason why they couldn’t return Wednesday or Thursday. Mr ***** also stated to me that liners couldn’t be installed in the rain, however Wes contradicted this statement by telling me they could be installed in the rain, they just didn’t like to.Yet another inaccurate statement by Mr. *****. 
  
  
  As far as the water, it’s irrelevant where it came from other than to prompt the question as to why they went that far to get water. I’ve attached pictures showing the green tint of the water. It’s not my responsibility to contact their supplier to argue the quality. Wes, who was on site, even commented about the color of the water, blaming the shade of the liner. This indicates he was well aware of the issue in quality or he wouldn’t have commented about the color. Along with that I only agreed to 8000 gallons. I had questioned Mr. ***** about the 8000 gallon charge at the time of the initial contract because when my pool was initially installed I filled it with my own water and had intended to do that again. So he knew I would have preferred not to pay for trucked in water as this was previously discussed at the time of contracting. Mr ***** said the 8000 gallons had to be added by truck to set the liner. So I was prepared for 8000 gallons and had called my city municipality to advise them that I would be filling it with my tap water.  I was not aware they added more than that until after the second truckload arrived, but at no time did they ask my permission or tell me they were intending to charge me for that water. He states in his response if I didn’t want it that should have been discussed, but I feel he has that backward. If they were going to charge me for it that should have been discussed. If Spencer Landscaping decided they wanted to fill it with more so I could “enjoy the weekend” (per his response) that’s on them and they have no right to charge me for it.
  
  
  In my email communications with Spencer Landscaping prior to contacting the BBB, I had tried to settle this dispute with them directly. Here’s the request I sent, which I think is beyond fair. I have asked for the following adjustments to the invoice. 
  
  
  Deduct $395.16 for 8000 gallons of non merchantable water
  Deduct $612.50 for 12400 gallons of water that I did not agree on that was also non merchantable.
  Deduct $104.98 for a gasket that I did not approve to be added, and don’t believe needed replaced.
  Deduct $246.54 for the chemicals need to correct the chemistry of the water.
  Deduct $3742.24 for the project before labor (50% of the project cost stated on invoice without water)
  
  
  After these adjustments the balance due would be $6339.46. (I’ve already paid a 50% deposit). 

  
  Sincerely,
  
  ****** *******

  Business response

  10/18/2022

  There is no since to keep going back and forth with several of these issues. They have been discussed and everything has been justified.  We got to the project as early as we could in the spring while dealing with the weather ,staffing issues and delays on other projects.  There was nothing on the contract about a completion time or anything saying you would withhold money if it was not completed by a certain date.  Your pool was usable all spring long, and we did take 1 week out in July from use to complete the project.  I know for a fact they were calling for rain Monday - Thursday at the start of that week when we plan our jobs.  It may have not rained on those days, but I can not schedule water and the liner to be installed when there is a chance of rain. Again we have covered that!  The pool water issues was justified in the first email as it from a Municipality supplier and not contaminated.  It sounds like you intentionally let up keep delivering water knowing you was not going to pay for it even after you had me call you before the last load was delivered.  None of these topics can total the $5101.42 discount you are asking for and is completely unacceptable.  It sounds like we are not going to reach an agreement and need to proceed with other options.   

  Customer response

  10/23/2022

  ** ******* ****** ** ******** **** ***** ********* **** ********** ** ************ ** *** ***** *** *** ****** ** ****** ******* ****

  Better Business Bureau:

  I have reviewed the response made by the business in reference to complaint ID .********, and find that arbitration is necessary.

  Sincerely,

  ****** *******

  Business response

  10/27/2022

  ** ******* ****** ** ******** **** ***** ********* **** ********** ** ************ ** *** ***** *** *** ****** ** ****** ******* ****

  Better Business Bureau:

  I have reviewed the response made by the business in reference to complaint ID .********, and find that arbitration is necessary.

  Sincerely,

  ****** *******

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