ComplaintsforTexas Backyard Living

• Initial Complaint

  08/22/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  During a 6/23 initial consultation, for a new patio, I was encouraged by TBS to expand my patio. Due to the existing ****************** drain placement, I didn't think this was possible, but was told they'd simply move them. This service was included, as a part of construction, at no additional cost. My estimate/contract confirmed this. To ensure there was no confusion, I confirmed this on 8/6/23 started date & again 8/10/23 w/the **. On 8/14/23, before the crew poured any concreate, I had a worker call his ******* to confirm the sprinklers/drains would be moved & they understood the expansion. ****** assured me it would be taken care of - again no cost. They crew took pictures of the sprinklers/drain & were shown where they should be moved. All was texted to their offsite *******. The ** failed to arrive 8/14 leaving me to explain the layout, though I was texted otherwise. Instead of the work approved, the drain was never move or capped, but covered in concrete, despite knowing it connects to another drain. The sprinklers were moved flushed to the concreate & leaning. Wires were left exposed & hanging out, until I complained to the *** To date, mud all over the new patio & will cause damage, as a result. A hole, 17', was left from 8/6-8/18/23 despite multiple complaints about squirrels accessing my attic thru it. On 8/15/23, I discussed the multitude of construction concerns **. If her initial unpleasantries, she promised to fix it by 8/16 & emailed me that it's take until the 18th. On 8/16, I was alerted she won't be returning, all work would cease, the sprinkler was broken & I needed to pay for the repairs & any 'extra' work. After a long very unprofessional/insane call with the *** I was told the foremen who explain the next steps. He arrived 8/17 & vowed to fix it as original agreed, but never returned. The hole was covered 8/18. When I followed up on 8/21, I was told they would not be completing the *********** needed to pay them to do so-again.

  

  Business response

  08/22/2023

  Here are pictures of the completed project. 

  

  Business response

  08/22/2023

  I'm not sure if my written response went through because it said I had attached files that were too large.  Please let me know if my written response was received or just the pictures I submitted at a later time.   

  

  Business response

  08/22/2023

  Doesn't look like my written response went through.   We never discussed a french drain with this customer.   It is no where on the contract and she is trying to get free work.   When we starting digging the forms for the new concrete we found the existing French drain.  We removed it at not charge to the customer to be nice.   We relocated her sprinklers that were in the way of the new slab and tested the whole system after we finished, which works perfectly.   Installing a french drain is no where on her signed contract.  We did go out and assess her yard for a new French drain and when asked if she wanted a quote she stated it was included in her contract.  It is clearly no where on the contract.   As you can see in the pictures I provided there are no exposed sprinkle wires or mud on the new concrete.  The patio cover and concrete are beautiful and we went above and beyond trying to her happy.  We installed a fan for free, we removed the old French drain for free, and we did sprinkler work for free. We are not installing a French drain for her for free.    This is an invalid complaint and we will not be installing a free French drain.  

  Customer response

  08/23/2023

  I am rejecting this response because:  The French drains were not demoed. They encased in frame of the new concrete slab and concrete was poured over them.  That is not a demoed.  We never discussed covering it concrete or demoing it.  The photo attached shows the placement of the sprinkler right next to the concrete.  All 3 sprinkler were move along the same line/path and are flushed/close to the new concrete slab.  As a result, the new concrete slab is being watered daily, instead of my lawn. Mud/water splatters are all over it.  In time, the water (from the sprinklers & trapped by the uncapped drains that are still open) will crack the new concrete.  

  The Project Manager presented the idea that I could extend my patio during our initial meeting.  ****** assured me the French drain and sprinklers would be moved.  This was a part of the scope of work.  It was never an extra fee and I was never billed for it.  We had this discussion multiple times.  Though my 3 days project ended up lasting 2 weeks, she was only on-site twice. Because she was not here to get the crews started or direct them properly, things were not completed as agreed.  Because she failed to show up or discuss the layout, as she had texted, I stopped the concrete crew before any new concrete work was done.  I showed them the existing sprinklers and the drain and where I wanted relocated, then had them contact their **************************, as there was a huge language barrier.  After reiterating this to ******* pictures of the same were texted to Marcos.  Though he too was offsite, he assured me it would be done properly.  It was not and when I contacted them to correct it, again before the project was complete, then all of their professionalism went out the window and the lies started. 

  When I pointed out the errors, ****** agreed to correct them.  She never indicated she disagreed the sprinklers needed to be moved or had an issue with my concerns there.  After calling her *************, she admitted they poured concrete on the drains. She admitted she made a mistake, but advised she had to pay for them (not her company) and asked me to pay half ($325) to correct them.  When I asked should I pay to correct a mistake that should not/would not have happened if there was proper oversite of the work?  I discussed this with too many people before and during the project.  She agreed and stated all would be corrected the next day.  She emailed the same that night, but the completion date had changed.  See the 08/15/23 email from PMO agreeing to.  The next morning she emailed a lie stating the sprinklers were broken and I have to pay to repair them and for the drain. She used the broken sprinkler head section of the contract to justify this (because moves are not).  See 08/16/23 email from ****** 'we broke the sprinkler.' I never had a broken sprinkler & they AWLAYS agreed MOVE, not REPLACE, the existing sprinkler & drain PVC as a part of the original scope of work.  Me paying for it did not come up until the drains were buried under concrete & now they can't be moved.  They created a broken sprinkler lie to use language in the contract in an attempt to extort me into covering the cost to have them moved away from the concrete.  Ultimately, they decided I don't need French drains (as evidenced by the 08/21/23 emailed from the owner) so it's considered additional work.  Again, I never agreed to nor approved that I don't need French drain.  

  On 08/16/23, I had a 'conversation' with their '**' who indicated he'd send ****** to advise me of the next steps.  Air quotes were used because I've never had a discussion with a company ** were I had to ask them to stop being rude/disrespectful.  Unlike ******, he never apologized for his behavior.  ****** arrived 08/17/23 and like ****** agreed to make the repairs and complete the project.  Again, this would be at no cost to me.  His crew would come later that day and the wall crew the next.  The project would be completed. He gave me his number as assurance.  I never heard him again.  

  5 days later, on 08/21/23, my text to ****** to confirm when he'd complete the sprinkler move and drains, went unanswered.  So, I reached out to the ** & Ops Mgr.  Then, I received a reply indicating they were done with the patio & were attempting to bill me again for repairs.  Now, I'm getting the run around again.  I reached out in response to a promo they had running because business was slow and they were offering a 10% discount to ramp up business. It is my firm belief that they knew/know they messed up & are behind on there projects because of the promo.  Let's take the single mom's project, drag it out & delay it. Then, try to bill her for items we messed up.  When the concrete demo wasn't done properly & I complained, ****** offered to take the extra concrete left behind for an extra cost.  I told her leave it.  This project (separate) left a hole.  ****** said I have to pay them extra to fill the dirt left over from the patio with it.  I told them take it.  Well, her crew didn't want to do all the extra work of hauling it away.  Guess, what they did with it?  They buried the extra concrete with the extra dirt.  Any concerns I had were brushed off as 'this is all part of construction.'  

  If I were a man or you were dealing with my husband, would a 3 day project last 2 weeks?  Would you have left wires exposed for days, then imply his kids weren't in danger because the voltage was low or that he was a bad parent for letting his kids go in the yard?  Would you ignore all his requests to cover the gaping hole to the attic, as squirrels were getting in?  Yes, TBS I am holding you responsible for any damage they do.  Do you think he'd allow you to charge him for work you did improperly?  

  

  Business response

  08/23/2023

  Here attachments don't prove anything except she wants a free drain.   She has absolutely no proof that we said anything about replacing or relocating a drain, and that is because we didn't tell her it would be free.  We were gathering information so we could approach her with a solution, which would need to be paid for.   This is pretty cut and dry.   It's either on the contract or it's not.   As you can see in the previous pictures I attached there are no exposed wires or mud on the concrete.  The job site is clean and there is nothing left for us to do.  You can clearly see the concrete forms on in her pictures which means those pictures were taken mid construction.   We had to move the sprinklers so of course there were some exposed components while we were doing the work.   This would never be a 2-3 day project.   That is ridiculous.   It is appalling  that she would even claim we did our job differently because she is woman.  I do not have a solution to offer unless she wants to pay for a new french drain.   

  

  Business response

  08/23/2023

  Furthermore, ****** said she was going to pay for the drain out of her own pocket because you were so hard to work with.   She just wanted it to be done.  I, the owner, and the one that told her that is ridiculous and she had already gotten more than she paid for.   We always relocate sprinklers to be right outside a concrete slab.  Why don't you post pictures of how the sprinklers and completed project look now?   180 degree heads ensure the water sprays into the yard and hits all the grass.   If the heads are installed far away from the concrete then the grass along the concrete doesn't get watered.   If some water is hitting the new slab a simple sprinkler head adjustment that take 10 seconds will do the trick.   We offered to come double check the grading around the new slab.  We could easily double check the sprinklers, although we already did, at the same time.    The customer has not replied to our offer to come double check the grading.   

  Customer response

  08/27/2023

  I am rejecting this response because:   The owner still has not advised, when the repairs (which is the only acceptable offer) will be made. 

  First, you said there was no sprinkler move in the contract and as such it was never to be completed without a fee.  Then, it was we broke the sprinkler heads (lie) and the contract said you need to pay to fix it and add a new drain.  Next, it was I am asking for free work as no one ever promised to move the sprinkler or drain without a fee. 

  Now, it's have her upload pics of the sprinklers we moved and they work fine, as we deem it to be.  Now, it's we've determined you don't need a French drain.  Now, it's ****** promised to do it, but I told her that ridiculous.  Your reply is riddled with inconsistencies.  They are as back and forth as all the broken promises made throughout this project. 

  From day one, I discussed my expectations and concerns.  See the emails attached, where I let TBL foundation issues will always be a concern of mine.  They don't go away because I get a new patio.  I would never exacerbate the issue or create expenses I can't afford or am not well aware of in advance.  Before work started, I advised ****** neglectful monitoring resulted in issues with my last TBL project.  Your crew and I can't communicate without the sales person.  She called me and assured me that would not be the case.  Every time a crew showed up without her, I tried my best to explain what I needed and had them contact someone who could translate for us.  Pictures were taken and we were always on the same page, until they messed up.  All I need you to do is the honorable thing and fix it.  Why is that so hard?  Just fix it. I am in the service industry, just like you.  Like you, I make mistakes.  I AWLAYS find a way to fix it and I've never had to insult anyone to do it.    

  At the end of the day, ******'s negligence has resulted in the concrete being watered/muddied every other day.  Pictures of the dried mud I've had to clean every sprinkler day, on the side and in the front of the patio, are attached.  I've told you this multiple times.  When your people saw this, I was told it would be fixed by ****** & ****** after the work was done.  Just like they both said, it would be done properly, as a part of the scope of work, before the work started.  This is why you did it.  If this is not fixed soon, the concrete will sink and/or crack, which will lead to .....  The same effect will be the direct result of the trapped water left swishing in the open ended/uncapped/French drain, because it connects to another drain.  Covering it concrete does not solve that.  Instead, it creates foundation issues that I try my best to combat daily.   I am not asking you to do anything new, make any additional, nothing of the sort.  I am asking you to keep you word and do what you promised to do from the beginning.  I am asking you to move the sprinklers away from the concrete.  I am asking that the distance be spaced the same distance they were before.  I am asking you to take the (2) you moved to the side and place them back in the front - DISTANCED from the concrete.  They were strategically placed but a professional irrigation company for a reason, just like the French drain, to help me control my foundation issues. 

  I can have this company reassess and create an estimate to repair your mistakes.  They can invoice you directly and a copy uploaded to BBB.  Once you remit payment, directly to them, they can schedule/complete the work.  A receipt of the same can be uploaded to BBB.  Then, the work will promptly and accurately done, instead of a bunch of people showing up vowing to do it, only to never be heard from again.   

  Customer response

  08/27/2023

  Attached are additional emails and photos.   

  Customer response

  08/28/2023

  I applied (only applied) for a special financing program to cover the cost of my new patio.  After my horrible experience, with this shady company, I decided I wanted no connection with TBL, after this BBB dispute was settled.  As such, I called to cancel the credit card and use an alternate method of financing.  Instead, I learned TBL fraudulently charged $21,971 on 08/21/23 to the credit card.  I NEVER AUTHORIZED this charge.  I never signed any documents authorizing TBL to conduct business of my behalf.  I never paid any invoice online.  I never swiped the card, which is how I intended to pay.  I never even activated the card.  I never authorized TBL to act as agent on my behalf.  This is theft!  I am literally shaking as I type and am on the phone filing a police report accordingly, since ***** Fargo's ********** is closed.  As per the documents uploaded by TBL,  $21,971 is more than the $21,726 contract I signed.   

  I am pressing charges and will help the bank prosecute to the fullest extent of the law!!  

  I will upload the police report and any other information, as I obtain it.  

  This is unreal!  

  Customer response

  08/29/2023

  A Consumer Complaint has been filed with the state of Texas relating to the credit card fraud/identity theft.  See the attached.  Affidavits, of the same, are being filed with ********** Police, who is assisting with the police report.  Again, I will upload it when available.  I am awaiting ***** Fargo to provide copies of the transaction and whatever TBL used to fraudulent charge $21,971 on 08/21/23.  Again, I never signed or authorized ANYTHING, since the initial contract.  To date, payment had not been remitted, by me, to TBL.  My contract was only $21,726.  I have not signed ANYTHING since my 07/2023 contract.  I most definitely did not authorize anything, as we are in a BBB dispute.  TBL never told the ran fraud charges or provide any type of receipt.  Had I not called to cancel the credit card, I still would not know what they'd done.  

  

  Business response

  09/12/2023

  *******,
  
  I just left you a voicemail.  There are obviously two sides to everything and I'd like to get on the same page with you.   I really don't want to drag this out and have it go to legal proceedings.  That will be costly and time consuming for both of us and in the end will be in our favor because of our signed contract.  However, I am more than willing to address any punchlist items - relocating sprinklers, etc.   And I will even work with you on the french drain.   I will do what I can to make you happy.  I do not feel we were fraudulent, nor does ***** Fargo or the *********************************.  Both cases have been dropped once we provided documentation.   We ran your invoice through the ***** Fargo that you applied for through our company.   Our contract was completed and we pushed it through for payment.   We had no idea you wanted to use a different method of payment.  We do lots of jobs that are Financed through ***** Fargo and this is always how we do it.   However, the one difference is you didn't actually sign the authorization, which we did not see until after the fact.  Based on all of our communications it was common knowledge you would be using the ***** Fargo Financing.   If you have intentions of paying then please give me a call so we can discuss your punchlist items and get this behind us.   Again, we are more than willing to address any real issues and will work with you on the French Drain with assurance of payment in full in writing.  
  
  Per your BBB reply:   "I applied (only applied) for a special financing program to cover the cost of my new patio.  After my horrible experience with this shady company, I decided I wanted no connection with TBL, after this BBB dispute was settled.  As such, I called to cancel the credit card and use an alternate method of financing."
  
  First of all, the ***** Fargo financing you applied for has nothing to do with us after the work is done.  So you wanting no connection with us so you cancelled is irrelevant.  Your agreement to pay was with ***** Fargo, not us. Our agreement is with ***** Fargo, who pays us.   What alternative financing to plan to use?  Are you approved?  Withholding $21,726 because you want us to relocate some sprinklers and install a French Drain is not just.   You can call us shady, but how does this make you look?  Ignoring our calls, texts, emails, for over two weeks now is shady and leads us to believe you are ghosting us.   Prove me wrong and give me a call so we can handle this like adults.   

• Initial Complaint

  06/05/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I had a concrete pad poured in August of 2022, when we signed the contract they stated that their warranty did not cover crack that were less then 1/8" for a year.However, about a month ago i discovered a 3inx2in chunk of the patio was missing at the bottom of the pad. When i called about this they told me they would not cover this, as it did not apply to the warranty. However, according to the 1 year warranty on cement work for patios, only crack less then 1/8" wide are not covered. I was told by the person on the phone, that they spoke to the owner who also said this was not covered. Now I am worried about the longevity of the pad, and the safety if the pad break in the spot where the chunk is missing, resulting in a serious injury.

  

  Business response

  06/05/2023

  Hello,

  We tried to explain to this customer that this didn't fall off or break off.   That spot has been there since the pour.  The stain color and texture is consistent with the rest of the side of the slab.   Had it been broken off we would see rigid lines, it would not be the same color, and the customer would have a chunk of concrete sitting in the yard by the slab.   This is not uncommon and is nothing to worry about.   

  We can come out and push some concrete in there and smooth the edge but it will not match nor will it provide an structural benefit.  The slab is sound and that small spot is nothing to worry about.  

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩