ComplaintsforBowen Pools Spas and Renovations, Inc.

• Initial Complaint

  07/15/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Unresolved

  More info

  Our neighbors hired Bowen pools to construct a pool on their property. On May 14th 2024, excavation for the pool started. During excavation, the contractor continually entered my property ans caused damage to my property, including damage to irrigation system, weed barrier, and established tree roots. Before they ever started I talked to the contractors and home owner to let them know that entering my property was not allowed. After the damage had been done, I took photos and talked to Mr *********************** He said I would have to talk with the home owner as damage to my property would be on my neighbor. They have continually entered my property leaving trash and debris. I had to build a small fence along the property line in order to keep them off of my property, but I still get trash and waste from left on my property for me to clean up every time they work on the pool.

  Business response

  08/19/2024

  To whom it may concern,
   
  On may 14th 2024 we started excavation for *** and ***************** in ******  We always make sure beforehand that the homeowner has permission from the neighbor if their yard is too tight to fit a skidsteer or mini excavator through their property in order to perform the swimming pool dig.  **************** informed us that he talked to his neighbor and everything was good.  The last thing we want is to show up to the job prepared to excavate the swimming pool with my employees and my subcontractor, who digs the pool, and have to pull off the job. Beforehand, **************** removed approximately 20 feet of fencing between his property and the neighbors.  If it was not ok to encroach on the neighbors property, the fence would have never been removed.
  A few hours into the excavation, the neighbors husband was watching us so my father, who is the President of Bowen Pools, approached him and asked if everything was ok.  He was concerned about the small surface roots of an evergreen tree being exposed from the skidsteer loading the dump trucks. We informed him that the tree was well established and everything should be ok and we would grade the topsoil back over them upon completion. We never encroached less than two feet into their side yard in the front and the majority of the surface roots were in my clients yard. About an hour or so later *** and ***************** had a contractor at their house to look at another project.  He was parked in a no parking zone across from the neighbors house and the next thing you know the wife of the husband flipped out.  She came over videotaping us telling us to F***-OFF, while giving us the middle finger.  She called the police on us for the other contractor parking there, but they never showed up.  The funny thing is throughout the project landscape maintenance and other contractors remodeling the house across the street were constantly parked there and there was not a peep out of her.  This caught us by surprise and we informed **************** that he needs to smooth things over with them.
  As far as the damage goes, the tree roots that were disturbed were surface roots.  The soil is ***** loam (the best of the best) and the neglected tree was going to be ok.  I have been doing this a long time and my father even longer and we are very familiar with this scenario, lacking the neighbor flipping out and not even trying to have a civil conversation with us about their concerns.  Fast forward, ***** experienced a terrible heat spell this summer and the tree was still perfectly fine.  If need be, I would be happy to get a letter from an arborist and forward it to you.  As far as the irrigation goes, **************** repaired the sprinkler that was damaged, and as far as the weed netting goes, that was between him and his neighbor.  He informed me that the weed netting was already a mess and hed address it anyways.  
  The neighbor claims that we continued to enter their property.  This is not true.  After excavation there was no need to walk on their property or use their property.  My subcontractor came back with the skidsteer one more time to off haul excess dirt and we made sure we didnt drive on their property.  We moved very slow and carefully.  She even came out and videotaped us, so the proof is on her phone. We were only there for about an hour.  She also had the nerve to move her car behind the trailer for the skidsteer, so my sub would have to move it in order to load up.  One other thing is she never told us we couldnt encroach on her property.  If this was the case we would have been forced to shut down until *** and ***************** worked it out with them.  She made the whole project very uncomfortable for us and *** and *****************, so we made sure to not give her any reason to flip out on us again.  This was the last encounter we had with her besides seeing her on her property out front. 
  The only time there was ever debris on her property was the day of the excavation.  We pulled three to four fence posts and set them on the dirt in her yard off to the side of our access for the pool dig.  We also put the small surface roots we pruned off into a pile with the fence posts. There was weed netting we pulled up from ******** side yard and placed on the pile. There may have been other things, but I cant remember.  At the end up the day, we loaded the fence posts and other debris into the skidsteer bucket and placed it in a larger pile of debris in *** and Mrs. ******* backyard.  Like I said, this was on her property lying in the dirt, but I never in a million years thought that this would be an issue. In fact, I did not realize it was an issue until I read her complaint.  We then graded out the front access area of the Lawsons and the neighbors yard after we were done with the pool dig.  She did put a small fence up, about 30 tall, continuing off from the brand-new fence **************** replaced at no charge to them after the project was almost complete.  ******* was the only thing left and that was all pumped from the street through Lawsons yard.  We pulled off the job for weeks and noticed the fence when we came back to do a final look at the pool before the plaster was to be installed.  We never left any trash or debris in her yard after the pool dig. If need be the Lawsons can verify this.  We did install a ****** out front that the city requires.  Maybe this was in her yard a bit?
  I cant explain what her thought process was to get so upset as I stated above.  We have a very reputable reputation in this small community and her complaint was a surprise to us.  Any issues she had should have been taken up with the ******* who hired us and not a complaint full of fabrications demeaning our company.  We always had a solid rating with you and have even been subscribers up until the pool industry slowed down due to covid and major price increases. 
  I appreciate you reviewing our response.  If you have any questions, please contact ******* Bowen @ ************ or you can email us. Id also be happy to get a statement from JP Construction who performed the excavation of the pool and my employees who take pride in their work.
   
  Sincerely,
  ******* Bowen and *** Bowen

  Customer response

  08/24/2024

  I am rejecting this response because:

  To Whom It May Concern,
  I am writing in response to the letter submitted by Bowen Pools Spas and Renovations **** regarding the construction of a pool on my neighbor's property at ***************************************** While their letter provides their perspective, I would like to clarify the situation and express my concerns regarding the trespassing and damage to my property.
  On May 14th, 2024, Bowen Pools Spas and Renovations **** began the excavation for the pool on my neighbor's property. Despite my explicit instructions to both the homeowner and the contractors that they were not allowed to enter my property, Bowen Pools Spas and Renovations **** continually trespassed onto my land throughout the project. This trespassing resulted in significant damage, including:
  Irrigation System: The contractors damaged my irrigation system, which I had to repair at my own expense.
  Weed Barrier: The weed barrier on my property was torn and disturbed, causing issues with weed control.
  Tree Roots: Established roots of an evergreen tree on my property were exposed and damaged due to the excavation. These roots are critical to the tree's health and stability.
  When I noticed the damage, I immediately contacted Mr. *********************** who informed me that I would need to address any issues with my neighbor, despite the fact that the damage was directly caused by Bowen Pools Spas and Renovations ****'s actions. This response was unsatisfactory and did not resolve the ongoing issues. Additionally, I spoke to **************** on the afternoon of May 14, 2024, about the damage Bowen Pools Spas and Renovations **** caused during their excavation activities that day. He profusely apologized and said he would ensure that no one from Bowen Pools Spas and Renovations **** would enter our property again. This did not happen, as Bowen Pools Spas and Renovations **** again trespassed the next day. We spoke with **************** on three other occasions about the trespassing and property damage with no results.
  Moreover, in their letter, Bowen Pools Spas and Renovations **** admitted to damaging my property. They referenced a picture taken from my property, which further constitutes a trespass onto my land, adding to the pattern of unauthorized entry.
  Throughout the project, Bowen Pools Spas and Renovations **** continued to enter my property without permission,leaving trash and debris behind. This forced me to construct a small fence along the property line to prevent further encroachment. Despite this, I still found trash and waste left on my property whenever work on the pool resumed,which I was left to clean up.
  Use of My Property
  **************** and I did not agree to you using our property for your work. In fact, it was entirely possible for you to move the skidsteer and excavator without being on our property. The only time you encroached on my property was when you used the skidsteer to dump the excavated soil. You chose to do this on my property to avoid dumping the soil on ******************** driveway, but this was a risk you chose to take. At no point did anyone from Bowen Pools Spas and Renovations **** come to ask for permission to be on my property, nor did I give any permission. On day one,before any equipment was removed from your trailers, I clearly told Bowen Pools Spas and Renovations, their subcontractors, and **************** that I did not want anyone on my property. You disregarded my verbal direction and acted in a way that benefited you at that moment.
  Tree Root Damage and Consequences
  The damage to the tree roots on my property is particularly concerning due to the crucial role these roots play in the tree's health. We spoke with an arborist and landscaping company and explained what had happened. He informed us that while many trees will survive and recover from root damage, most crucial feeder roots are within the upper six inches of the soil and may become surface roots as they age. These roots are essential for water uptake and nutrient absorption, and if they are damaged, the tree's vitality and growth can be severely restricted. According to the arborist, it may take as long as five years for our trees to die from the damage caused by Bowen Pools Spas and Renovations ****'s activities and lack of proper protection.
  The estimated damages to my trees,irrigation system, and weed barrier amount to approximately $2,000, assuming the trees survive. If the trees do not recover, the cost will be significantly higher. Our Oculus Draconis (Dragons Eye Japanese Red Pine Tree) is one of my favorites and has shown signs of distress since the damage occurred. I am also concerned about my Cedrus Atlantica (Weeping Blue Atlas Cedar), as its roots appeared to have sustained the most damage. The cost to replace both trees is unknown at this point, as the Oculus Draconis is a rarely seen species of tree in ********************
  Unrepaired Weed Barrier
  Another issue that remains unresolved is the damage to the weed barrier, which was in good standing before the damage occurred. The weed barrier that was torn during your work was never repaired, and as a result, the damaged area is now overrun with weeds. This was never a problem before the damage occurred, but it has become a significant issue since.
  Additional Incident
  In addition to the property damage and trespassing issues, I must address a particularly disturbing incident involving one of Bowen Pools Spas and Renovations ****'s employees. While servicing our neighbor's pool, an employee, upon seeing my wife, stared at her aggressively and then spat in her direction. This behavior was witnessed not only by my wife but also by another neighbor from the block, who was appalled by such conduct. This incident is unacceptable and further exacerbates the already troubling actions by Bowen Pools Spas and Renovations **** on our property.
  Fence Issue on May 13th
  On May 13th, **************** and I discussed the shared fence between our properties. He informed me that he wanted to take down an 8-foot section of the fence that enclosed both properties due to dry rot. I expressed my concern, explaining that my German Shepherd can be aggressive towards strangers, especially those he perceives as a threat, and that the dog has the ability to jump the fence separating my garden area (where the shared fence is located) from my backyard area. *************** assured me that the fence would be back up by the end of the day on May 14th. However, the fence was not replaced until more than a week later. Not only did I have to experience my property being damaged, but I also had to keep my dog inside and closely watch him while the fence was down. **************** and I discussed payment for replacing the 8 foot portion of shared fence, but *************** declined any money for replacing it, and did not divulge his intent to extend the enclosure to the corner of his house, which is not a topic for this discussion nor is the financial responsibility of the extended enclosed portion of fence benefiting only the Lawsons.
  California Civil Code Section 841 states that the Lawsons should have given us a 30-day written notice before removing or repairing the fence. It should have included a detailed explanation, a solution to fix the fence, and any alterations to the fence.Included in the letter should have been an explanation that **************** wanted the fence removed to install a pool in his backyard. This was a clear violation of our rights, as outlined in California Civil Code Section 841. Written consent from us would have been the lawful way for Bowen Pools Spas and Renovations **** to obtain permission to enter our property. This was never considered by either party.
  Police Involvement
  On May 15th, 2024, we contacted the *********************** to report the damage done to our property by Bowen Pools Spas and Renovations **** We have a police report documenting the incident and will happily provide it if this matter proceeds to court.
  Applicable California Laws
  Under California law, the following statutes are relevant to this situation:
  Trespassing (California Penal Code Section 602): It is unlawful for any person to enter another's property without permission, especially when explicitly told not to. Bowen Pools Spas and Renovations **** repeatedly entered my property without consent, violating this law.
  Property Damage (California Civil Code Section 3346): California law allows for the recovery of damages when someone unlawfully damages or destroys trees, plants, or other property. The damage to my irrigation system, weed barrier, and tree roots falls under this statute, entitling me to compensation.
  California Civil Code Section 841: This section outlines the responsibilities of adjoining landowners in relation to shared fences, stating that both parties are equally responsible for the costs of constructing, maintaining, and replacing the fence, unless otherwise agreed upon.
  Given these circumstances, I respectfully request that Bowen Pools Spas and Renovations **** take responsibility for the damage caused to my property and address the inappropriate behavior of their employee. This includes compensating me for the costs of repairs and ensuring that no further trespassing, debris, or unacceptable behavior occurs. Failure to address these issues may result in further action to protect my property rights and ensure our personal safety under California law.
  Thank you for your attention to this matter.
  Sincerely,
  ***********************
  

  
  

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