ComplaintsforThe Grounds Guys of Kennewick

• Initial Complaint

  10/24/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Unresolved

  More info

  I Hired Grounds Guys of Kennewick to perform two tasks. These tasks were to extendexisting retaining walls in the front of our property (approximately 77 in total), and to construct a new 72 two tier retaining wall. During the initial site visit I instructed ********************, Contractor/Owner to follow the same color as the existing block (tan) for both the front and the back walls. My wife also told him this. While in the back I again identified the color of stone we wanted. I told him my wife had a picture of the wall design and that I would forward it to him. I sent it to him with the subject line identified as WALL TYPE so that he had an idea for the retaining wall design. We paid ****************** $10,000.00 on August 16, 2022. In short, over the course of approximately 6 weeks this company spent very little time and effort performing any work. ****************** dug a shallow trench and laid a total 5 bricks in the back and he had to redo a section of blocks in the front yard his workers installed because they were so crooked and not the design we had discussed. He never used any kind of landscape fabric which says they do on their contract. He ordered the wrong brick color and apologized then recanted and blamed it on my wife and I once he found out he would need to pay to exchange the stones. He expected us to pay the $1,000 for a restocking fee to get the correct color of stone for the wall and the delivery charge which were his mistakes. On October 7, 2022, we told him we would no longer wanted his services. He agreed. On top of all the poor workmanship, broken curbing and incomplete work, he still wants ****** in addition to the 10k. I ended up returning the stones myself and paying the restocking and delivery fee for the correct color of stone. He left the front wall incomplete and almost all of the back yard work unfinished. I completed the front retaining wall myself. I have since hired reliable contractor to complete the backyard retaining wall.

  Business response

  10/25/2022

  The Client did tell us to match the color of the existing brown blocks in the front yard work area (which was done). He believes he told us to use the same color in the backyard work area where there was no existing wall, but we have no record of this. He told us he would email a picture of the kind of blocks he wanted for the back wall, and the emailed picture, which we have record of, was gray, with no mention in the wording of the email body that came along with the picture that he wanted any different color than that in the picture which we were told to match. There was no possible way for us to know that the color in the picture we were told to match was not really the color he wanted. 
  In order to assist the Client as far as possible, I talked to the supplier down from the original $1000 restocking fee to $750. The Client refused to move forward, claiming I was at fault for not knowing what color he wanted. 
  
  All work was performed to the highest industry standards. Landscape fabric was not used in order to prevent hydrostatic pressure from building up behind the wall over time and causing damage. One wall that was installed crooked was torn down and reconstructed at no additional cost to the Client per our company standards. I never claimed responsibility for the wrong block color. I had agreed with the Client previously to cover the cost of the broken curbing. The 10k was a partial deposit per the contract, so the $864 still owed is for work performed under the contract agreed to by the Client, not additional costs. We were not able to complete the front wall because the Client did not allow us to return to his property.

  Customer response

  10/28/2022

   
  Complaint: 18307937
  I am rejecting this response because: contractor is misrepresenting himself and work completed. I understand we will never agree as to who was at fault for the mismanagement of ordering the wrong color blocks. If, in his own words "no mention of color took place" for the back during the initial site visit, why in the world would an order even move forward? If there was truly no mention of color the contractor should have recognized "no mention of color took place for these blocks, I better call my client and see what color they want, not just look at a picture that was clearly for design purposes only that was derived from the site visit. Also, the restocking fee he negotiated was still no benefit to us as it was not our mistake to correct. 
  
  The installation of the blocks were not installed to the highest industry standard as the contractor claims. If they were, they would not have had to redo a section to start with. This section remained in this unsatisfactory condition for several days  until we contacted the contractor to fix it. His comment to me was ya, I was wondering about that, I thought my guys did that section pretty quick. Our curbing would still be intact. Also, the front project wouldn't have taken weeks to only complete 60ish %. 
  
  Since the landscape fabric was included in the bid/contract I feel that a conversation should have taken place between the contractor and his clients. Fabric is an essential part of constructing a retaining wall; it does allow water to pass while keeping debris from entering cracks/crevices while aiding in managing the crab grasses from growing through the wall ******* it!). We would have insisted on the use of fabric. The decision to use or not use fabric should be the clients.
  
  We paid $10,000.00 down. The contractor claims the value of the front work performed was $3,592.08. The back work is a different story. Since I returned the contractor's blocks at my cost and his blocks were not used in any part of this project, I feel that there should be no markup fee assessed for these blocks. Cost for the blocks was $4,200.00. The front work and the blocks for the back total $$7,792.08. This left a balance of $2,207.92 from the $10,000.00 down payment. The only work performed in the back was a mediocre trench approximately 70' long x15" wide x 8"deep and 5 blocks installed (see attached). Using the contractors hourly rate quoted in his charge sheet, he was charging $60.90 an hour for the back work. By this math he is claiming ***** hours was spent on the back, and wants an additional $864.00 which would be an additional 14 hours, for 5 blocks installed and mediocre trench does not equate to the inflated charges.
  

  Business response

  11/04/2022

  The Client says we are at fault for the wrong color of blocks ordered on the ultimate basis that the color of material is categorically unrelated to all other possible material type features such as shape, size, and pattern, such that sending a picture to match including all such features--shape, size, pattern, and color--should be assumed to indicate all features wanted except for color *without any such specification in the email body included with the picture*. Conceivably, if a Client did not specify the size of block they wanted and the wrong size were ordered while the color and all other features were matched, they might likewise claim that size is a not a material feature included in the word "type" as well. Any such claim is unfounded in the industry and is frankly random. We are very sorry miscommunication occurred between both of us that resulted in increased costs, but the Client bases his whole argument on a claim of randomness that has never existed and would make no sense outside his particular predicament for which he uses it. 
  
  When I said no color was specified, I referred to the in-person site visit when the Client seemed to imply (though did not state directly) that he verbally specified color. Color was indeed specified directly in the emailed picture to match, which is the color we ordered. 
  
  There is debate within the industry about the efficacy of fabric behind retaining walls. Both arguments can be and have been legitimately made. 
  
  I will agree to remove the markup on the blocks. The total cost paid to the supplier including the delivery fee was $4,354.69 and the markup for both the blocks and delivery according to the quote in our system totaled $403.92. This would leave a balance of $460.32 to be paid. I feel this is a good compromise in light of everything discussed. 
  

  Customer response

  11/14/2022

   
  Complaint: 18307937
  
  I am rejecting this response because: The contractor is doing a nice job deflecting ie: shape, size and whatever else he can come  up with. Bottom line is 700 blocks were ordered, not by me. His work on my property was terminated, which he was in agreement with. I returned and replaced the blocks with the correct color. I no longer wish to debate the color debacle with the contractor, I know what was said, and I know what was implied during the site visit.
  
  I would encourage the contractor to omit the language in his bids/contracts referencing the filter fabric moving forward if he is not going to use it, or makes the decision to not use it and not discuss it with the client, because his current practice gives the appearance that he is cutting corners then tries to defend his actions when called out by claiming everything is done to the highest of industry standards.
  
  
  In what world is the $403.92 markup that the contractor is willing to forgive (for the back yard blocks)" a good compromise". This amount is not the contractor's to use as some negotiation tool. Claiming this markup was blatant theft, and the contractor had no claim to this amount once his blocks were returned. By the contractor's own billing sheet (see attached) he claims the cost for blocks was $6.50 and the distributor informed me that the contractor paid the same as I paid for the blocks, $4.74 per block. That would equate to **** markup per block, so I question the amount of his $403.92 mark up he was wanting to forgive ($**** x 700 is much more). Also, my invoice for the blocks was $3,318 plus tax, delivery and pallet core. I rounded up to reach $4,200 and again, I was informed that the contractor's cost was identical to mine. Lastly, the contractor totally ignored and failed to comment on the egregious cost for the work  he is claiming for the backyard.  Ignoring and deflecting this overcharge doesn't make it go away.
  
  
  I would like to invite the contractor to participate in binding arbitration through the Better Business Bureau. I think having an unbiased third party to listen to both parties, weigh the facts, and render a decision would benefit this process. I would accept whatever decision is  made by a third party. 
  
  Sincerely,
  
  ***************************

  Business response

  12/05/2022

  I concede that calling the $403.92 a compromise is not correct since once the blocks were returned no markup ought to have been attached to the price to the client. It is just the amount owed. I misspoke in referring to the reduction as a compromise. 
  
  For the record, all amounts discussed are based on the quote construction which we have on file and which we have no problem providing. 
  
  The reason for the discrepancy in the client's calculation of the markup is that the blocks in the back were a different price than the blocks in the front, and that fewer blocks were quoted for than were ordered to account for possible errors in measurement. The quote for the back was built with 650 blocks at $7.15 per block including associated costs and markup plus $111.11 for delivery, totaling $4758.61 quoted for the blocks. Actual amount paid to the supplier was $4354.69 (expense transactions on file), a difference of $403.92. 
  
  I will agree to third party arbitration through Better Business Bureau and will abide by the decision rendered. 

• Initial Complaint

  07/07/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I was looking for contractors to install sod on my lawn. I went with the Grounds guys of Kennewick after they sent me a quote in April (04/04/22) for a total of $7,574.85. The job was for sod/weed removal, basalt rock and gravel install, weed layer install, edging, and sod installation. The contract called for half the quoted price to be payed at the beginning, with the remainder to be paid when the job was done. We paid the $3787.43 requested in the first invoice they sent us on 04/21/22.Our compliant has to do with the sod installation aspect of the job. I had prepared my sprinkler system to take care of the new sod. They damaged multiple sprinklers in the sod/weed removal process and the system had to be shut down for repairs. They laid down 577 sq ft of sod (out of **** sq ft), then left the remaining sod on the sidewalk for days where it dried out. After a weekend passes they laid down ***** dead/dying sod. My sprinkler system still has not been repaired in this time.I took pictures of the sod work and damaged sprinklers (some were covered ** in sod). I shared my dissatisfaction with the owner, where he said they were partially responsible for the outcome of the lawn, but I was also to blame for not watering it by hand for one hour twice a day. They offered to refund half the cost of the installation.I disagreed with this assessment. More than half of the lawn had be installed improperly. The terms and conditions in the contract we have shows that the warranty, and it's section on client responsibility isn't valid until they receive payment in full ie. when the job is done.In this time I discovered from the L&I website that their contractors license has been suspended since February. I told them they were not to return to my lawn as I would be liable for damage. I showed that the $3787.43 we paid covered the work they had done so far and the 577 ft. It also covered the $600 estimate to repair the sprinklers. I wanted to part ways, they still want more.

  Business response

  08/15/2022

  The sod was laid over the course of five days. Though we try to lay sod within two days whenever possible, we have successfully installed sod this old many times without it dying. All sod installations require significant watering immediately after installation and for the next few weeks to ensure healthy growth. The Contract this work was performed under makes clear that the Client is responsible to water the sod after it is installed. After several irrigation heads were damaged during the ground prep and the system shut off, the Client was told (on the second-to-last day of installation) to be sure to keep the sod watered with hoses while we worked on repairing the system. The Client acknowledged this. After the project was completed, we found that most the sod was dead, and the Client had not been watering the sod as instructed. Since the sod would have lived if he had watered the sod, he communicated to us he would water the sod, and it was his responsibility to water the sod, he is responsible for the sod's death. To arrive at settlement, we have significantly reduced the final invoice in compromise from $3,787.43 to $2,010.66. 
  

  Holden D., Owner

  Customer response

  08/17/2022

   
  Complaint: 17506352
  
  I am rejecting this response because:
  

  First,I want the legality of this job to be addressed. After telling the Grounds Guys of Kennewick I was not satisfied with their work I got legal counsel to look at the situation. It was found that their contractors license had been suspended since February 2022, and they were therefore operating illegally as one. We contacted the Washington *********** of ***** & Industry, who were able to verify this information. Both L&I and our legal council told us we were not legally obligated to pay them. The options presented to us were A) Find out our damages and push for a resolution or B) not pay the remaining amount. Given that we did not want to be liable for further damages and we did not trust the quality of work, we choose the second option and let the Grounds Guys know as much and that we wanted to end the project. They said it was not an issue and pushed to continue working, we said no. They would not get their license back until June 27th. We checked with L&I to see if this changed the legal situation for us, they said it did not.Whenever I bring this up, the Grounds Guys have continued to argue counter to the information I have received from legal counsel and L&I.
  
  
  Next,I did not agree to take over responsibility while they were on the job. Nor was I given instructions for recovering sod as the Ground Guys have inferred, and I have kept a record of all our text and e-mail correspondence to show this. On 05/12 the sod was brought in pallets,some of it was laid down in the front yard. From there, the majority of the sod was left on the sidewalk until after the weekend 05/16, where much if not all of it had gone brown and died. They laid it down on my lawn anyway. Nobody had talked to me in all this time,there was no mention of me watering by hand. I would not receive sod care instructions of any kind until 05/20, which only came about because I had to approach an on-site worker to ask for them to be sent to me early. The contract states I was to be sent sod care instructions once the sod was done being installed, they had not sent it themselves prior to this point, it was not considered done. I only asked for an e-mail, nothing more. No discussion of me taking over responsibility took place. The instructions were also for basic sod care, not recovering of sod (which would prove to be different) and there was no mention of watering by hand or taking responsibility at this time. I would not be recommended to water by hand for one hour twice a day until 05/23 (I mention this in our text conversations)and again, nobody approached me to say this, I had to go out and ask about the lawn. This is the only other time I can recall or see in the records that I spoke with someone about sod care. The manual watering instructions were given 12 days after they started putting the sod down. I am able to provide a full copy of our text/email correspondence.
  
  
  Can they even place this kind of responsibility on the client while the contractor is still on the job? It implies the client must be as available as the employees to complete the project the contractor agreed to do. There was no mention at any time that I had to be home while they were working, no reason I couldn't just set my sprinklers to water the law twice a day then leave for a vacation. What would they have done if I was on vacation? I'd like an answer to this question. As the client, I provided a watering system. They broke it.I am not responsible for their mistakes and should not be expected to cover for them. The contract states they are not responsible for inconveniences to the client as a result of utilities they damage,but that still leaves them responsible for their work and the sod, it does not imply its the clients responsibility. Looking at the contract, the section on client responsibility is under the warranty,but the warranty itself says it is not considered valid until payment is received in full, this was not the case. If they had waited until they fixed the sprinklers to bring in the sod we wouldn't be having this problem (no reason to rope the client into the issue either),but they didn't. It was an irresponsible move on their part and they're expecting the client to pay for it.
  
  
  I find The Ground Guys of Kennewick also did not live up to their own contract in the following:
  Timely response guarantee, quality control and inspection -The sod died while they were on the job, care instruction not given till much later.
  We will lay high quality sod with tightly fitted seems -The pictures provided show what the sod looked like when they put it in, I can provide more that demonstrate loose/wide seems.
  Diligence:The contractor agrees to carry out it's work diligently and to provide sufficient supervision and inspection of it's staff and subcontractors and that it's work will be of proper and professional quality, and in full conformity with the requirements of the contract -I cannot find another contractor who would describe this sod work as proper/professional quality.
  So far they have only said they are partially responsible for the state of the sod (email on 05/26) and with a suspended license they should not have been doing this job in the first place. I believe they are more than partially responsible.

  https://drive.google.com/drive/folders/14nG4UP2qaOM7PgHb6Jo4_48JtOJ3yDcF?usp=sharing

  https://drive.google.com/drive/folders/1ve5igwVnbMXviEStfTqcMXJx--0_HtkS?usp=sharing
  

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

  Business response

  08/29/2022

  We are looking into the legality of contract's relationship to the license. Tell us why here...

  Customer response

  08/30/2022

   
  Complaint: 17506352
  
  We got legal counsel to look at our situation again. Operating as a contractor without a license is illegal in the state of **********.Getting your license after the fact is irreverent, and does not retroactively legalize any work you did since February when it was first suspended. The invoices you've sent are illegitimate as they are asking payment for work performed illegally. We are not legally obligated to pay anything and your arguments otherwise have not held up when brought before both L&I and legal counsel. We've lost faith in your ability to act truthfully or knowledgeably in this matter.
  
  
  You did not live up to the professional work, quality sod, tightly fitted seems, and timely response agreed to in the contract. Your performance was substandard and incomplete, with dead/dying sod,buried irrigation boxes/sprinklers (one of which was broken and buried), and missing areas of sod even accounting for the untimely sprinkler repair being attempted. This was not the quality work promised in the contract and we owe you no further payment for it.
  
  
  You were aware of the legal issues back in may, you've had months to look into it, we've been more than patient with you. We are done negotiating and consider this job finished. It was done back when I said the Grounds Guys were not to return to our property. We legally have no business together and we are telling you to cease contact.Any further communication will be considered harassment and we will exercise whatever legal options are available to us.

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