ComplaintsforTransformation Landscape Development

• Initial Complaint

  03/29/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  There are 2 parts to this complaint:

  1. Entire home was completely renovated including the exterior and completed on 11/15/22. The home was damaged as part of the the installation of various parts of the project and no attempt has been made to resolve them. This includes 1) parts of the the wall were cut during the porch paver installation, 2) the walls have a large amount of concrete and grout from careless prep work. Surface preparation, priming and painting are required 3) excessive amount of stains on the exterior of the home that will require similar efforts and 4) damage to a gutter. A quote has been requested from a 3rd party to remedy the damages and will be submitted for a rebate of pending charges from TLD.
  

  2. A series of items were discovered as discrepancies per contract or inaccurate representation of services or materials rendered.  The following is required to comply with the contract:1. Removal of additional surface lights charge 2. Rebate 14 surface lights 3. Rebate of install materials & labor for lights not installed 4. Rebate for Apollo LEDs.Additional details found in attached document. Seeking rebate to open invoices from TLD

  Business response

  04/15/2023

  1.  The issue of the damages to the house were resolved. The homeowner and TLD contacted the original house painter independently to receive a quote as soon as the issue was raised. The Project Manager for TLD met in person with the homeowner to review the areas of concern. A credit of $***** was issued on the final and outstanding invoice. The damaged baton was due to a change made by the homeowner directly with the sub-contractor to widen the front step landing after an in person meeting between the homeowner, TLD, and the sub-contractor was done to discuss the location of the step landing. Because TLD was never informed of the change, we were not able to be present to oversee the work which caused the damage to the baton. There was never any mention of a damaged rain gutter or any other open items not listed here when the Project Manager did the walkthrough with the homeowner.

  2.  The Apollo LED lights were never in the contract as they are not low voltage. The contract states "install low voltage lights per design". The homeowner bought and installed his own 120V strip lights and hired an electrician to provide outlets to plug them in. Regarding the step lights, those also were not included in the contract as they were not available per design. They are a discontinued light fixture. As the lights listed were not available, they were not included. I have text messages dating to late summer 2022 making the homeowners aware these lights were not included. We met in person to review and discuss. After that time, the homeowners made a new selection, and I texted them there would be a change order issued. TLD amended the original contract to add them, along with many, many other revisions and changes that were made by the homeowner along the way. An email dated January 6, 2023 also mentioned the step lights were extra as they were not available per the design. The homeowner, after the 30 lights included per the design, were purchased and delivered, decided not to install 6 of the lights, and had TLD relocate lights we had already installed and connected. Thus, there is no discount or credit for those lights or labor.

  TLD did issue several add ons and several credits throughout the duration of the project as many, many revisions were made by the homeowner. Proof of texts and email are available if needed.

  Customer response

  06/12/2023

   
  Complaint: 19627978
  
  I am rejecting this response because:

  1. Damage to the wall (batten): No changes were made to the installation or scope of the steps. The step lengths were determined several weeks in advance based on the driveway design which dictates the step design.  As shown in the attached image, the steps were intended to be attached to the wall.  TLD had previously agreed to repair the damage (email attached as well).  

  2a. The Apollo LEDs are low voltage, as indicated in the attached specifications.  And per TLD’s confirmation, low voltage lights were included. 

  2b. With regard to the step lights, the design plans clearly indicate the number of steps and the contract stipulates the installation of low voltage lights according to the design.  The discontinuation of the lights was only discovered by both parties in mid-August 2022 which led to substituting for comparable lights. Since the contract was signed in May 2022, it was not possible for the contractor to have been aware of this discontinuation and therefore, could not have intentionally excluded them from the contract.  In speaking with previous clients of TLD; this is an established pattern where the contract language is changed and supplemental charges are added but actual scope has not.  

  2c. With regards to the 6 light install rebate; This response was one of many fabricated responses by TLD. As previously communicated to TLD,  no light relocation was made by TLD which can be verified by physical site inspection. 
  
  
  
  Sincerely,
  
  Bryant Sierra

  Business response

  06/22/2023

  Per my subcontractor, the front step landing was changed. Both me, my PM, and the sub were on site when the initial plan was made. The steps were to be installed between the columns. Afterwards, as happened many times, the plan was revised by the client. This was a pattern for the entire project. We would meet, then he would make changes and not tell us.
  

  The damaged baton would have been taken care of already in the credit we provided for the painting / touch up work. If there was an extra cost incurred for the baton, TLD, Inc. will issue another credit towards the final, unpaid invoice.

  As to the LED strip lights, they are low voltage, but at a different current (12V vs. 24V), and require an electrician to fuse the strips together, as they come in 16' strips, leading back to a separate 24V transformer, which is not in the design or contract. I told him I would order them, but they would also require a separate dimmer, which is not in the design or the contract. He told me he did not want this, and would take care of that on his own. He hired the electrician we referred him to install the strip lights he provided on the kitchen. For the strip lights on the steps, we made the necessary cuts so they would be installed correctly as, again, he changed the steps to be 90 degree edge with no ledge to run the strip lights on. I do know he asked the electrician for a discount on the work done as well. TLD, Inc. was not involved in the purchase or installation of the materials the client chose on his own. The extra labor we provided covers the cost of the lights in the design.

  As to the step lights, I have a text message reminding him of what we had discussed which was that the lights in the design were not available, and would require a contract revision / change order to buy something else. The ones in the design were discontinued. He texted his choice and we placed the order. The fixtures he chose are more expensive. We also met prior to pouring the concrete and he reduced the number of lights to be installed. The lights provided and installed cost over $17,000 for materials only, and the clients were only charged just over $13,000 for labor and materials. 

  As to the path lights being relocated, I am not sure what the dispute is here. Is the client asking for a credit for the 4 lights? He still had them in his garage when we finished the project. Many lights were relocated at their direction. The rear yard shows 6 lights on the privacy screens. Only 3 privacy screens were installed, so we moved those lights to some trees per the client direction.

  Throughout the entire project, TLD, Inc went above and beyond to assure an excellent outcome, even at our expense if needed. We ran additional conduits for utilities, we built a sturdier kitchen with upgraded materials for the frame. We installed materials for the rear yard synthetic lawn, per the client. Then removed it to prep for sod, per the client. Then he went back to synthetic lawn to match his driveway strips requiring yet more labor. We changed the forms for the jacuzzi pad 3 times per the clients direction. We had to pay for the stucco on the rear seat wall to be done again after the client did work in the raised planter. The electrician sent us pictures of the mess that was made on our fresh stucco, and wanted us to know it was not done by him. We did not charge for this work, or many other things he changed along the way.

  As to a previous client he refers to, it is his sister in law. She also made many changes, with both of her contracts, throughout the course of the projects such as changing lights, adding access doors to the pool screening, as well as the gazebo design, size, and materials used. We built a larger kitchen because the client added appliances that were not in the contract. They said since the fridge was already bought by them, we should change the design and install it anyway.  Many of these items were not in the design or the contract, and they were not charged for them. We took care of those upgrades. Additionally, they also had a similar issue with their lights. They added many lights in the deck, and assumed we would still install all of the lights in the design for the same cost. We told them no, they were extra and we sent a contract revision / change order.

  We communicate in person as much as possible, and meet with our clients almost daily to remove confusion and assure the end result is what the clients want. These meetings often result revised contracts and change orders.

  Some confusion comes with the differences between designs and reality of projects due to measurements, materials, or construction capabilities. Thus, we communicate and make changes as needed with our clients. Our contract terms and conditions also outline these items.

  TLD, Inc. has many satisfied clients and strives to provide quality work with integrity.

  This client never paid his final invoice after the project was completed, thus he has never paid for the lights or other work being disputed.

  We would like to bring successful closure to this.

  Customer response

  07/12/2023

  We are rejecting the response for the following reasons:

  
  

  1. Wall damage/steps change: Again; no changes were made to the scope.  I’ve provided tangible evidence demonstrating that the design was predetermined and what TLD is describing would not only result in an unattractive design but also create a safety hazard.  It is also unclear why a scope change would justify property damage? The reason this item is being disputed is it was not included in the rebated price for damages related to the exterior of the home.  We have repeatedly communicated to TLD that the painter is not responsible for framing-related work, and therefore, it must be repaired by TLD via a qualified contractor. We are not seeking a credit on the invoice at this point but rather repair as our involvement in the cleanup and repair of items from TLD's work has become excessively burdensome.
  2. Regarding the LED strip lights; TLD has acknowledged that they are indeed low voltage and that the contract specified the inclusion of “…low voltage lights per design." Since these lights were not provided as part of the project, a rebate is necessary. Since labor was also included for the installation of these lights, I am unclear about the mention of additional labor. There were multiple areas where labor is required for these lights including two 10-foot benches, a dual step/wrap-around deck, a firepit, bbq island, and two ~20ft steps. We are not requesting rebates for this labor, but we are entitled to them.
  3. Step lights; again per TLD’s confirmation; the contract included “low voltage lights per design” and the design included 28x step lights.  Additionally, a scope reduction was acknowledged by TLD, which necessitates a rebate for 14x lights, including installation materials and labor. It is unclear why a scope reduction would not warrant a rebate and why TLD has instead charged an additional fee. I have verified with FX Luminaire (manufacturer of lights) that the installed lights were not more expensive than the discontinued ones.
  4. Path lights; 6 lights were not installed so a rebate for installation parts and labor are required.  This included (2) FX Luminaire Up lights model# NP-NP-ZDC-FB which were originally slated for the tree in the front of the house which was removed and (4) FX Luminaire Path lights model# M-PZ-ZD-3LED-FB which were originally slated for the side walkway of the house and were not installed.  We communicated to TLD via text on 1/18/23 @ 4:52pm that we will no longer need to install these lights and that we will look to recoup the labor related to this.  This was also communicated to the onsite crew prior to work commencing and was acknowledged in the same text by TLD.  

   

  There is a lot of tangential information being shared by TLD that doesn't warrant a response. However, it is important to note that it is unprofessional to disclose details of a previous client without their consent or to present their side of the story. Ironically, my references to previous clients did not involve this particular client but rather two others. Based on TLD's description of the project, it seems that this client also faced issues when dealing with TLD. I will save details of the numerous issues on this project, including poor workmanship, egregious delays beyond our scope changes, and incredibly dangerous building practices for other forums.  

   

  Regarding payment, TLD has been repeatedly asked to provide release of lien notices from their subcontractors. As per the direction of the California State License Board, payments should be withheld to ensure contractors fulfill their responsibility in providing these notices.  TLD believes they are exempt from the CSLB's requirements and state law and has failed to provide the requested notices. There is an ongoing investigation against TLD by the CSLB for multiple issues.

   

  On a related note: TLD had also made damages to the driveway.  TLD attempted to remedy the issue by hiring a non-licensed subcontractor which did not address the original complaint and has left the driveway in significantly worse condition than the original damage. A submission against TLD’s surety bond has been submitted but if TLD would like the opportunity to correct this and maintain a level of quality and integrity as they describe, along with avoiding the ramifications of a surety claim, I am open to having this resolved via this arbitration channel.  Pictures are attached

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