ComplaintsforEckstein Inc.

• Initial Complaint

  22/09/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  A verbal quote was provided by the owner, Joshua ******** in late August 2023, to infill the top portion of a decommissioned inground pool with clay material, and to top the clay with topsoil which the complainant was to purchase. The owner was also to remove concrete (2 loads) of concrete from the street and to drop (2 buckets) of 1/4"down limestone in the backyard. A 50% deposit in cash was requested and paid. There was no written contract and no terms were discussed to the verbal agreement if any modifications were asked for and no understanding that money would be held back if the job was modified. Two issues arose with the clay as well as with the topsoil application, where others had recommended postponing the topsoil infill till next spring to allow the clay to settle over the winter. Joshua had removed only the concrete and moved the 1/4" down. Two statements in numerous Emails were transmitted to the complainant as stated by the owner, 'That sounds good, no problem' and 'Whatever suits you best', **** ****** ** ****** ********* These statements indicated to the complainant, the owner's agreement and approval of the modifications. Since the topsoil application was to be done in the spring, the complainant requested a return of a portion of the 50% deposit. The owner chose to keep over 83% of the deposit and only returned $****** stating that the complainant had cancelled the contract. Numerous rude, ************* *** ********* Emails were sent by the owner to the complainant **** *********** ****** **********. One of the last Emails from the owner asked that the complainant stop harassing him while he responded to every Email sent to him. The complainant wanted to have a reasonable amount of money returned as was indicated in one of his original statements to the complainant when he stated, 'I will help you out.' A most recent Email was sent to the complainant offering a further $****** ** ******* *** which was not accepted.

  Business response

  09/10/2023

  To whom this may concern,

  The situation with Mrs ******* is unfortunate. A learning lesson on our part.

  We merely tried to help her clean the street off. She called us on a Sunday evening. We had been working at her neighbours house and were merely trying to accommodate her as much as possible.

  *** ****** *** *** **** ** *** ****** *** ******* *** ***** *** ******** ********** *** **** *** **** ** *** *** ***** ***** ********* *** * ******** ***. *** * **** **** *** ******* *** ******** ****** *** *** ******** ********** ** ***** ** **** ***** *********** ***** ***** ** ************ **** * ******** ****** ** *** **** ** ***** ** ********. We are still trying to provide Mrs ******* with good work and value and give her a feeling of customer satisfaction. *** ** ****** ******** **** ************ **** **** 

  Further, job deposits are non-refundable. But we have performed more work than the value of the deposit. 

   

  *** **** ***** ************** ***** *** ***** ************

   

  We performed the following work:

  7 skid steer hours @$***/hour including operator

  6 hours of truck hauling $***/hour

  dumping charges $***

  3 labor hours cleaning and pressure washing street $***

  5 yards of 1/4 down limestone $***

   

  Totaling $***** plus GST = $*****

   

   

   

  Customer response

  11/10/2023

   
  Complaint: ********  
  I am rejecting this response because:

  The only thing I agree with in Joshua ********** response is that the situation is unfortunate.

   

   Mr. ********** response is ****** *** misleading.

  **  I never called him Sunday evening as stated but in the 1^st Email that I sent to him and copied by Joshua in his response, my Email was sent on Sunday morning at 8:40 AM Toronto time (7:30 AM Wpg. time).

   

  **  Joshua’s statement of, ‘We are still trying to provide Mrs. ******* with good work and value and give her a feeling of customer satisfaction’.  **** ********* ** ********* **** he has already accused me of terminating a contract which does not exist or has never existed.  As well, if he really wanted me to realize that I received ‘good work and value and give her a feeling of customer satisfaction’; then return $******** which I have previously requested (over and above the $****** returned) but he has refused.

   

  Now to Joshua’s list of work ********** performed:

   

  1.  7 skid steer hours @$***/hour including operator

  I have always taken photos and videos of work being undertaken at my home and in one Email, Joshua had an issue with me doing so.  As I look back on these photos and videos on the morning of the 29^th of August 2023, Joshua, the operator of the skid steer arrived at or about 7:30 AM and was finished by 9:30 AM  (2 hours total).  If you add ½ hour to ¾ hour of travel coming and going, the total cost for Item 1 would be 3 hours -3.5 hours at a maximum cost of $****** -$****** NOT $*******

   

   

   

  2.  6 hours of truck hauling $******/hour

  The truck from ****** ********** * ********* made 2 trips (2 loads of concrete to be removed).  The truck arrived at or about 7:40 AM and the 1^st load was filled by or about 7:56 AM. (in 20 minutes)  The truck then returned for the 2^nd and final load at or about 8:40 AM and left at or about 9:00 AM. 

   

  I called ****** ********** and was told that to hire a truck and driver was $***** per hour for a 3 hour minimum.  My estimation for the rental of the truck and driver would have fallen within the 3 hours at a cost of only $****** NOT $******.  In my Email on the 12 September 2023, ******** ** ******** ********, I stated to Joshua what I had found out from a phone call to ****** ***********  * ** *** * ********* ********** **** ****** *** ******* ******** **** **** ****** ********* *** *** *** * ***** ****** **** **** **** *** ****** ** ***

   

  3.  Dumping charges $******

  I have not been able to confirm this figure *** * ****** *** ***** ** *********

   

  4.  3 labour hours cleaning and pressure washing street $******

  As for the cleaning of the street, the street was not pressured washed, just broom cleaned by two guys for less than ½ hour as I watched.  These guys were still working across the street at my neighbour’s property under their contract with Eckstein Inc.  The total cost based on his $****** for 3 hours amounts to $******

   

  5.  5 yards of ¼ down limestone $******

  Regarding the ¼” and down limestone, Joshua came into my backyard while I was speaking with the 1^st contractor, and asked If I wanted some ¼” and down.  I asked about the cost and Joshua said it was free and he wanted to get rid of it and where would I like them to put it.  It was agreed that they would put it on the street by the concrete.

   

  It is so ************* *** unprofessional to now charge me for the 1/4” and down limestone for a cost of $****** + GST which Joshua had previously offered it to me to get rid of it from the project across the street, then charge me GST on the so-called freebie.  Joshua can have it back if he wants to pick up the limestone.

   

  My realistic estimation of the work performed is $****** and NO GST as Joshua asked to be paid in cash *** ********** ******** *** ********* ******** ***** ******* ****** **********

   

  Joshua’s last statement in his response prior to the list of supposed work performed states, ‘Further, job deposits are non-refundable.  But we have performed more work than the value of the deposit’.  If you take Joshua’s figures at face value, how do you equate $******** or even $******** to the $******* paid and only $****** returned.  It does not compute.

   

  I would appreciate the return of $******** where $****** has been paid back, already.  The net amount I am asking for is $************** *** ** ** *********  ‘If Joshua really wants in his words ‘To help you out’ and to provide Mrs. *****  with good work and value.’
  
  

   

  ********** ***** *******

  Business response

  18/10/2023

  I have nothing further to add.

  In some attempt to resolve and end this matter entirely I am willing to offer an additional $*** refund, for which in return we will come and pick up all of the 1/4 down limestone we supplied.

  This is my final response, thank you

  Customer response

  14/11/2023

   
  Complaint: ********
  
  I am rejecting this response because:

   23^rd October 2023  Joshua is just splitting hairs. The offer is now being reduced from $****** to $******.   ************** I will not be wasting anymore of my time with this individual.

   

  
  
  

*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. ↩