Business ProfileforRiver City Septic & Excavating

see Attached document

On November 5, 2021 , we closed on the sale of a home located at ***** * *********** **** ***** ***** ** *****. The property is served by a septic system. Prior to closing, the buyers obtained a Septic System Evaluation Report from River City Septic & Excavating (River City). A copy of that report, dated 9/2/21 is attached. At the bottom of page 4 of the report, two code violations were noted. The first was a need to pump the septic tank. The second was to repair a broken or buried chlorine feeder tube.
According to the real estate sales contract, we were required to pay for these repairs.
Attached is an Estimate from River City dated 9/3/21 for the repairs. The estimate was $410 to pump the septic tank, and $400 for the chlorine feeder repair. Please note that the Estimate did state that if River City was not able to fix this by hand and a mini excavator was required, there would be an additional $300-$500 charge. On 10/12/21 we signed a contract with River City for $810 for the repairs. This contract also noted the potential $300-$500 additional cost if an excavator was required. The contract was also signed by Clifton Perry, whom I believe is the owner of River City, A copy of this contract is attached.
River City pumped the septic tank prior to closing. The $410 fee for this service is not disputed. Due to excessively wet weather, the chlorine feeder tube could not be completed before closing. Per our contract with River City, we agreed to escrow 1.5 times the amount of the Estimate at closing. As the high range of the Estimate included up to $500 for use of an excavator, 1.5 times $1 ,310, a total of $1 ,965, was held in escrow from our sale proceeds. The funds were held by Attorney Michael Honegger (Honegger), whose firm conducted the closing.
In early March of this year, weather conditions allowed completion of the chlorine feeder tube repair by ***** ***** ** ******** ***** **** *ssued an Invoice for $1 ,400.16 for the repairs. A copy of the Invoice is attached. The Invoice was received by ********** ****** and paid on 3/16/22 from our escrow proceeds. We were not provided a copy of the Invoice, nor did we approve it, prior to issuance of the payment by ********** ******.
Upon receipt of a check for the unused portion of the escrow funds from ********** ******, we requested to see a copy of the Invoice. We noted it included a $620 charge for "Excavator 4 hours, dig up chlorine tank 5-6' deep, clean repair flush and flow test". We asked a neighbor who lives next door to the Lamplighter property if he saw any evidence of use of an excavator, such as tracks or disturbed soil. He said no and sent photos of the back yard where the septic system is located evidencing this fact. Another neighbor who works from home and has a clear view of the back yard of the Lamplighter house said he saw two men working there, but no excavator used.
We contacted ********** ****** with this information. They contacted River City to ask why $620 was charged for an excavator that was not used. In their email response to ********** ******, River City states "We did not use the excavator.River City also references in that email an updated Estimate sent to the realtor 11/1/21. A copy of the emails is attached. I contacted our real estate agent, Aubrey O'Brien, regarding this Estimate, She stated her office received the updated estimate and informed River City is was not acceptable. The updated estimate was not shared with us, and we did not execute a contract with River City other than the one we signed 10/12/21. In a subsequent email, River City stated they discovered a broken discharge line that they dug by hand and repaired. Please note that the invoice includes $232.00 for labor and $138.16 for parts. These amounts are not disputed by us.
Subsequent to Honegger's payment to River City, and an email exchange between Mr. Honegger and Mr. Perry, Aubrey O'Brien attempted on numerous occasions to speak with Mr., Pery, but he has never contacted her.
We believe River City has improperly invoiced, and been paid, $620 for use of an excavator they admit, in fact, was not used. We ask that River City immediately return this sum to us.
Thank you for your review and consideration of this matter.