Public Mediation

terrascape-Dispute-#6921949

G. W. vs. Terrascape Creative Landscaping
9890 N US HWY 301, Wildwood, Florida, 34785, United States
Amount Involved: Other terms
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Terrascape Creative Landscaping
    • Claimant Seeks: 3 non-monetary items.
    • Claim #: 6921949
    • Amount Involved: N/A
    • Filed On: Jun 01, 2012
    • Posted On: Jun 12, 2012
    • Complaint(s):
      • Bad business practices
      • Problem with a service
      • Problem with a product
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Statement of Claim
Complaints Involved (6) - View
Claimant says:
"I had curbing put in on my property contract date 2/14/12. 207 ft or curbing with riverrock stone around all my existing flower beds. The first thing I asked before entering a contract is what if it cracks. The representative for the company said it would be replaced but said it wouldn't crack. Within one month it was cracked and more than 50 percent of the expansion joints were cracked. First they came out and took pics of the cracks and patchs, then a guy who said he was new tried to tell me therre was no guarantee except I have the contract and nothing is checked on limited guarantee or no guarantee, then another woman came out and took a sample back saying it was was poured too soft and then after more calls said they would replace it by Tuesday 29 May 2012 or 31 May 2012. Now the original lady Dani Camp comes out on 1 June 2012 and states the owner is willing to replace a small section only and states the patchs made in the two sections were not done by them but by me which I do not have the cement or coloring to do it. They also state that the expansion joints would not be fixed."
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Additional Communication Between Claimant and Terrascape Creative Landscaping Hide
  • Jun 06, 2012, Claiming party added:

  • The curbing was looked at three times, once by Dani the rep I orginally dealt with and she took pics of the major crack, the minor cracks, the expansion joint cracks,the the discolored portions and the parts that broke off, so far, at the end of the driveway. The second time was when the lady you get on the phone I believe her name is Donna stated she wanted to come out and look at the problem because she has "suspicions". She stated that it was poured too soft and took pieces back to the office with her to show to the owner. The third time it was looked at was when I was not at home by Dani and the owner and that is when they decided to replace 11 foot of the curbing. As far as the major crack they think it was run over by a lawn mower which I am sorry to inform them I cut my grass myself and I use a 21 inch push mower. We don't run over the curbing, we don't walk or stand on the curbing. They fail to address the expansion joint cracks which is greater then 50% of them. I never stated anything about the stone, trees, shrubs, lights etc. My issue is the curbing. It was installed in February 2012 and I have been communicating with them about the cracks since March 2012. What is their policy? Tail light warranty? When the job is done the gaurantee is over? I'm only interested in having either the curbing replaced and deal with all the cracks or retrn me the money for the curbing and I'll get someone who will pour it right and stand by their work for more than a month.

What Claimant Wants Hide
Non-Cash
What By When How Much
1. Repair: All the curbing that I payed $2628 for Jun 16, 2012 N/A
2. Replace: All the curbing I payed $2628 for Jun 16, 2012 N/A
3. Apology: For dragging this poor workmanship out Jun 16, 2012 N/A
Cash
1. Other – Pay for claim posting cost Jun 16, 2012 $7.95
2. Other – Physical delivery charges Jun 16, 2012 $2.99
Cash total : $10.94
Non-cash: 3 items
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "Mr. Wilkinson has not accurately represented the scope of the work he contracted Terrascape to do and he has dismissed our offer of resolution. The curbing portion of the work was $828.00. The remaining $1,800.00 of work was for bed preparation and eight tons of stone delivered and installed. Both the curbing and bed preparation/new stone were installed quickly and professionally. We have checked the curbing several times and the curbing is ‘good’ meaning it was mixed properly and has set strong. There were no plants installed on this job. Our warranty reads as follows "Limited Guarantee: We will supply once, at ½ the purchase price any tree, shrub, vine or evergreen that fails to survive the first year after planting, provided plants have received proper care and payment of the bill has been made when due. Proper care is: watering, feeding, insect and disease control and staking of trees; providing the plants have not received storm damage, freeze damage, or mechanical injury, and that the grades and growing conditions have not been materially changed. No Guarantee on transplants, annuals, and material planted in pottery. Low voltage light bulbs not guaranteed. Labor not warranted." There is no mention of curbing in our warranty. Curbing issues are dealt with on a case by case basis and solely at our discretion. We have offered to replace approximately an 11’ section of curbing on the left hand side of the driveway. This section has one irregular crack which appears to have been caused by a lawnmower riding over it. We do not consider this type of damage our responsibility but will repair it to maintain good customer relations. The patches on the opposite side of the driveway are from stepping on the curbing just after it was finished but still wet. My crew informed me that the homeowner did this before they had left so they patched the damaged areas. If the homeowner would like us to replace the 11’ section of curbing mentioned above we will do so once he has closed this claim as ‘RESOLVED’ and he understands that the 11’ section may not match the other curbing exactly since all curbing is custom blended and even exactly the same mix on separate days could yield different results due to the outside conditions that day. We require a response by JUNE 16th, 2012"

This claim will remain posted until resolved.

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