ComplaintsforPrince's Fences, LLC

• Initial Complaint

  01/23/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  In December 2020, we had a fence installed by Princes Fences. In November of 2021 we had our one year home inspection performed where it was discovered that water was standing in the crawl space. We notified the builder of the problem and they promptly sent someone out to look at the issue. A drainage pipe was blocked and the crew had to replace the line. While replacing the line it it was discovered that the fence company had broken the line and put a fence post through it along with all the concrete. Yes I had agreed to tell the company where lines were which I though were shown on the plot plan given them. I do not disagree that I should have asked the builder but once the fence contractors dug through the line, per the supervisor for Princes Fences, he should have been notified immediately so the problem could be corrected. They did not. ***** has said it is not his fault or problem. We paid $1600.00 to put the new line down and requested reimbursement from Mr. ******. When first told he said he would send men out to do a fix. When told it had been fixed already, he asked for confirmation it was their error. The builders contractor sent a video showing the issue. Several weeks later, we were called and he offered to pay one half which we did not feel to be fair. Had we not done the home inspection this issue could have caused major foundation issues. We feel that the fencing company made the mistake and should pay for the repairs. I talked to my attorney at length and he feels filing a complaint with BBB is the best action to take.

  

  Business response

  04/28/2022

  Business Response /* (1000, 5, 2022/01/25) */ Unfortunately, the homeowner is taking the stance that she has zero responsibility in this situation. We are taking the opposite stance. As part of our contracts, all homeowners are required to detail the location of all underground lines that are not covered by TN 1-Call. We cannot possibly know where these lines are, so we must ask the homeowners to let us know. If they don't know and don't tell us, this acknowledgement transfers the responsibility of any repairs to the homeowner in case these lines are cut, which is where we are at with this situation. The homeowner specifically initialed that she agreed to detail those lines. On a side note, she works in a law office, so she understood the implications of what she was signing. If she didn't, she has access to others that could have easily explained it to her. Anyway, we built her fence and our installers never told us that they encountered any such lines as it is our company policy for them to do so. When we hear from our installers that a line has been cut, we always inform the homeowner and the homeowner is asked to take appropriate action. Our equipment must be strong enough to dig through rocks, roots, etc so such lines can be cut and the digger does not know anything was ever hit. It is more common that we cut irrigation and utility lines. When those lines are cut, water sprays out or the homeowner is without that specific utility service. However, in this instance, the line was a black pipe with no water to spray/leak and in a dark hole where it would be difficult to be seen. From the video that I observed, the side of the pipe was cut, but there was no post directly thru the pipe. I am not saying the pipe wasn't cut, but it was cut in a way where it went un-noticed. Anyway, we did not know the pipe had been cut so we could not notify the homeowner of something we did not know. As we always try to do the accommodate our customers (within reason,) we offered to fix the pipe even though it was not our fault, because we could have easily fixed this type of pipe ourselves. She said it had already been corrected. In order to "stay in good standing" with the homeowner, we were even willing to pay for half to make this situation just go away (like ********* paid the lady that spilt hot coffee on herself some time ago.) Unfortunately, she even declined that "over generous" offer. In asking our company to pay the full amount of the repair, she is accepting zero responsibility for creating this situation. We were even the ones that suggested that she file this compliant with the BBB. I wanted someone (other than myself) to let her know that she is being un-reasonable in asking us to pay for these repairs. Even if she didn't know where the lines where located, she did specifically acknowledge that she would notify us and she is fully responsible for the consequences when she did not notify us. Consumer Response /* (3000, 7, 2022/01/25) */ (The consumer indicated he/she DID NOT accept the response from the business.) Mr.******* has accepted zero responsibility for the issue. It is my feeling that even if the crew did not know they had damaged the drain when they hit it, then as they pulled out the contents of hole it would have been obvious that is was something other than tree roots, rocks or dirt. I am disappointed that Mr.******* has adopted his too bad for you attitude. He waited over three weeks to return a phone call and actually told us he had forgotten us. That is unacceptable. He has never apologized for the matter which could have caused significant damage to the foundation. I feel he should pay 75% of the repair bill.That would only be fair as his crew is the one who made the mistake by not notifying us. Business Response /* (4000, 11, 2022/04/28) */ I can't stress enough that we specifically disclaim this situation in our proposals and this disclaimer was specifically initialed by the homeowner that she understood its implications. There is nothing more that I can say when we specifically disclaim a situation and that situation occurs...we are not responsible for that situation. That is how disclaimers work.

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