ComplaintsforSmart Scapes LLC

• Initial Complaint

  07/27/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  We contracted with Smartscapes last year to install a patio and some landscaping in our yard. We discussed the need to cap a sprinkler line and to ensure any damage done to the yard/irrigation system would be prepared. The work was completed over multiple days, in rain soaked conditions, which resulted in our yard being completely destroyed and our sprinkler system broken in multiple places. When we complained to the owner, he refused to come by and walk-thru the issues with us, instead accusing my wife of being overly emotional. We followed up with multiple emails and communications indicating that this project was NOT completed to our satisfaction. We produced multiple photos and documentation of the damage that was left by Smartscapes. Ultimately, WE repaired/replaced ourselves due to the incompetence and lack of follow-up. Among the major issues were: 1. Having to completely remove and re-do a "duct taped" and broken pipes installed as a "new" drainage system (it was broken and leaked). 2. Uncovering and capping active sprinklers (documented in multiple emails and onsite) that were buried UNDER the deck. 3. Replacing multiple areas of irrigation pipe and sprinkler heads that the equipment ran over and broke 4. Repairing a mudslide and associated lawn damage when the Smartscapes team turned on the sprinkler system after having "repaired" it 5. Grating and re-seeding the yard Smartscapes threw straw and seed over non-grated clumps of mud and dirt. 7. Communication failures, no final walk through, and no effort on Smartscapes to come out and address the situation. Then filing a Lien and collection agency issue to seek reimbursement of the remaining contract.

  

  Business response

  08/03/2022

  Business Response /* (1000, 10, 2022/07/28) */ Contact Name and Title: ***** / Account manager Contact Phone: XXX-XXX-XXXX Contact Email: *****@smartscapesllc.com It is always unfortunate when a client is unhappy. We work very hard to create********** outdoor spaces for our clients and provide quality work. ********** was to*** turned off prior to Smart Scapes arriving onsite, it was not and the ground was saturated with water. Client was instructed not to speak directly with the onsite staff but to speak through the account representative if there were requests - she spoke directly to onsite workers directing them outside of the project manager to transplant plants (transplanting was not included in the contract) Client was informed that it would*** muddy but it would*** seeded and strawed at the end of the project. We called to mobilize in October. Client stated they had family visiting and the time was not good and wanted to start later toward 1st week of November. We started later as requested and the area was wet, either due to a natural spring, weather or irrigation running or existing leak in irrigation. As contracted: Patio was installed Plants were planted Drainage was run We graded the yard as***st as possible given water saturation of the area Area was seeded and strawed as contracted Additional items done that were not in contract: Plants were requested to*** transplanted in multiple locations (not part of contract) There was a question about transplant so our project manager knocked on the door asking the question. The person proceeded to give instruction for transplant including removing and disposing of a tree. Smart Scapes then finds out that the person that gave the transplant and removal instruction was neither **** or ****** and ****** requested the tree that was disposed of*** replaced - which we did. ***** the account manager was out of state so ***** met with ****** on punch list items onsite and agreed to the replacement of the tree. ****** did not like the orientation of the plants planted so we moved them to a more "uniform look" as requested by ******. ****** was stated she was not happy with the seed and straw included in the contract. We offered sod to*** installed for an additional $2000 to cover the area. Seed & Straw is the standard application and typically the grass grows back in about 30-60 days. We then received an email from ****** with more punch list items requested and things***gan to get more dramatic. ****** wanted ***** to come onsite again as things***came more dramatic with requests. ***** did not feel comfortable meeting alone with ******, since she was agitated, without ***** & **** onsite and called for a zoom call. ***** did not refuse a meeting he simply suggested that a zoom meeting would******st use of everyone's time and location. We met as a group on Zoom call and went through the items. It was a great meeting and there was mutual agreement. We***lieve everyone left feeling good about the meeting and completion, they both stated how happy they were with the patio and the plants. We agreed that we would come and do the items needed the next day or day after. Agreement was to: Finalize rock around the A/C unit Install metal edging Fill 2 small areas where sand was missing in patio Additional Seed & Straw Clear area for 4 sprinkler heads and get irrigation turned on Smart Scapes agreed to make irrigation adjustments and bill as time and materials - nothing that sometimes it does take several attempts to complete irrigation issues. After we agreed on final items. The next day***fore our team arrived onsite ****** said there was a leak in the irrigation and sent an email stating to halt the remaining items agreed on the day***fore and that she was hiring another company for irrigation and for Smart Scapes to not come to complete the items we agreed to the day***fore. We asked **** to pay for the materials and work completed stated they were happy with and are using (patio, plants, rock, drainage and seed & straw) as stated in the contract. Smart Scapes did deduct the small amount of rock around the A/C unit that has***en discounted from the original final balance. The irrigation is outside the contract scope and should*** billed at time & materials - see terms and conditions client uploaded. During this time **** refused to pay the 50% remaining balance of 12,212.20 minus the $300 for rock missing around the AC brining the final balance to $11,912.20. **** contacted *** **********, had them do irrigation work and sent us the invoice stating that she was not willing to pay the final balance and wanted us to reimburse her for the cost of the irrigation. ****, ***** and I worked to come to a mutual agreement on the final payment. **** provided the invoice from the irrigation company. I contacted the irrigation company and they stated that it was not repair work but rework due to the new patio installation which would have to*** completed either way, see screen shot***low: "I am in charge of the service department and the installation guys were the ones that came out on that call, so I was not involved. However, I would say that the irrigation serviced the area where the current patio sits now and we had to come out to re-install the system around the new patio so that everything would still get water but not spray over the patio. This is something that we would have to do anytime a new patio is installed. Not sure this work would have***en able to*** avoided regardless of what steps Smart Scapes took. When a patio is installed, changes to the sprinkler system have to occur. Have a great day!" Thanks, ******* ****** o)************ x201 c)*******.**** **********irrigation.com ***irrigation.com *** ******** **** Nashville, TN XXXXX At this point **** and ****** received the work that Smart Scapes was contracted for. Smart Scapes contract states we are not responsible for unmarked underground items such as irrigation, septic etc. and **** refused to pay the remaining balance for the project that was installed properly and that she said she was happy with on the zoom call. When I sent the invoice On 12/22 **** stated her issues with the irrigation and mud and threatened to take legal action and write bad reviews about our company. Smart Scapes spent weeks emailing back and forth with **** on a payment agreement but could not come to a reasonable resolution that was agreeable. **** was requesting approximately a $4000 discount for irrigation and seeding. Which forced us to take action to place a lein for the amount due for the********** Paver Patio, Plants and Rock work received minus the $300 for the small amount of rock around the A/C that we had planned to install***fore they told Smart Scapes to not return to the property. Pleas feel free to contact me if you have further question about the project, would like to see project photos or need anything else. ***** ********** Account Manager Smart Scapes XXX-XXX-XXXX *****@smartscapesllc.com Consumer Response /* (3000, 12, 2022/07/31) */ (The consumer indicated he/she DID NOT accept the response from the business.) Thank you for the opportunity to replay to Smart Scapes response. Despite the continued insistence that Smart Scapes (SS) did everything to ensure our satisfaction, they did not render satisfactory resultss. 1. Conditions of the property - moisture in the yard was due to excessive rain up to and during the period of installation. Oct. 14th ***** emailed stating: "Remember it is going to get really messy and muddy***fore it gets really good. They will seed and straw any areas they damage and clean up nicely upon leaving. It will just*** a few days of mess - let your neighbors know it's only a few days." The start date for the project was October 26th. Prior to this, we asked for a delay due to the moist conditions. 2. Our irrigation system was damaged - There were multiple lines and heads broken, and most importantly, the line that was to*** capped, under the deck was left "live". Had we not discovered this, it is quite likely the deck would have eventually collapsed. *** did not just re-route the system, they fixed broken pipes that were causing significant mudslides in the back yard. The *** installation can crew (not the front office staff) can verify the damages and repairs needed. They capped the line, repaired multiple sprinkler heads, re-wired the system, and completely replaced the lines on the side of the house where the heavy equipment from SS was run during soaked conditions. 3. We requested that an above ground rainspout capture basin*** relocated underground as a part of the contract. SS indicated they could do this by merging three pipes and installing a new pipeline to the end of the yard. When water***gan to seep up from the ground, we discovered the a ery unprofessional installation (see attached photo). Note that every line into the drain is broken, smashed and that water was pooling where it was leaking out from the pipes. This had to*** completely torn out and replaced. 4. We never had a final walk-thru by SS despite multiple requests. On one occasion, we were actually told that the owner "doesn't do walk-thrus with upset females"! This is also documented in email. 5. In good faith we have offered on multiple occasions to settle this dispute in a fair manner. We requested that SS agree to a settlement of $8700. Which removed the costs of the draining system and sprinkler repairs from the final invoice. In January, we received this message from *****: Hi ****, Hope your are doing well. I haven't received the email with the receipts and explanation of payouts you are saying you endured. I know the Smart Scapes main office sent out a letter regarding the intent to place a lien on your home for the unpaid balance. I hate that it is moving in this direction after we had an agreement on that zoom call. I just wanted to check in one last time to see if we can resolve this amicably. ***** doesn't agree to the $8700 or lowing the balance any further then we previously emailed about without any proof of what you are saying. Unfortunately the process will move forward if you and I can't solve it together. I replied with a copy of the *** irrigation invoice and pictures of the yard and drainage system. I again offered a settlement of $8700, which the above email suggested was***ing considered if we provided receipts. We did not hear back again until threatened with a lien and collection agency. The atttached pictures speak for themselves. We had********** yard and only wanted pavers and to "spruce up" the foliage. Instead, we got a ruined lawn and have had to spend the past 6 months trying to bring the yard back to its prior state. There are several additional matters we wanted to discuss and many, many other deficiencies in SS services, but we were willing to settle to avoid any further engagement with this company. I am hopeful that BB's intervention will help guide SS to an appropriate resolution and recognize the significant trauma that this experience has caused to my wife and me. Sincerely, **** ********** Business Response /* (4000, 14, 2022/08/01) */ 1. Client had moved start date several times which was a scheduling nightmare. Once we arrived, the irrigation was not turned off as requested mud to our elbows. The client had advised that there was a ground water problem in the area of some sort that created a swamp, it was discussed that it could*** a leak in the irrigation. Without seeing underground, there's no way to tell what's causing the marsh. During the course of the project, there was a weather system that caused 1 weeks worth of rain. Everything was graded, seeded, and strawed per agreement. 2. Are we talking about facts? There's no way for us to tell if we damaged the irrigation system***cause we cannot see underground or if there's preexisting damage to the irrigation. Matter of fact, it's addressed in terms and conditions that we cannot*** responsible for irrigation. It's a known scam for a client to have work done and then claim preexisting damage to irrigation. Smart Scapes LLC did donate over 15 hours' worth of irrigation repair plus parts (probably over $1000). Please see letter from *** **********, the company that made the repairs for ****. Read the comments on their letter. 3. Downspouts came into one spot in the middle of the backyard. Our scope was to manifold the drain lines into one and then redirect it to the common area***hind their property. It's common place to use duct tape to reinforce the 4" corrugated pipe's connections. It's quite possible during the grading process that the connections got damaged. Again, there was a water issue in the yard prior to us getting there. We advised client that we weren't sure if the existing pipe was not damaged prior. 4. This is not the truth. ***** met on site with ****** for the final walk through where an initial set of instructions were given. The next day, ****** changed the requests and made some abnormal claims. The more that ****** talked that day, the more things changed. After that, ***** asked for **** to*** included***cause that was the person that originally worked with Smart Scapes LLC on the project and might understand the scope***tter. ***** did offer to do a walkthrough after ***** was back in town and available to*** onsite and witness***cause of how uncomfortable the first final walkthrough meeting with ****** was. Zoom was an option during the interim. We had a great meeting on zoom where everyone was happy and in agreement, it was the next morning we got the message never to come back again. 5. Good faith would say that a client would pay what they thought was owed. **** did not pay anything. She sent an email stating that she would keep the balance of the job and if we try to collect, she will roast SS on social media and BBB. But there's still a couple problems. First, we were not responsible for irrigation (per terms and conditions which **** attached prior). Although in good faith, SS did make some repairs complementary, see above. Second, when **** made note of a possible issue on the drainage and we were notified, as our guys were on the way to evaluate, **** emailed to notify us not to step foot on the property. To have a warranty claim and then not allow the company to sort it out and then demand a discount, some folks would call this "Self-discounting". It's kind of a common practice these days with social media. For example, **** sent this message letting us know that if we didn't give her the discount that she is requesting, she would contact the BBB and blast Smart Scapes LLC on social media. I have heard that referred to as extortion. Smart Scapes LLC worked for months with **** for a resolution. From November till January, and now in August with legal action.

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