ComplaintsforJohnson’s All-Scapes LLC

• Initial Complaint

  01/04/2024

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I hired Johnson’s All-Scapes LLC. in mid-August to build a pool in my backyard, per the advice from my doctors and physical therapists based on my recent (2020) diagnosis of MS. During the initial day of the build I was “warned” by the foreman that the owner did not always run his company with the utmost integrity. This message was reiterated by at least two other employees on different occasions, and a subcontractor. I read into these warnings and attempted to be on defense of being taken advantage of. Throughout the entire build process Mr. Johnson has taken exception with every question or insinuation that something may not be being done as promised. This includes not using the sized tiles that we agreed upon for the patio, not properly installing 2 staircases, to not installing water drains that were promised to me from the beginning since there absence will result in a true safety hazard for ME and my family. In the end, Mr. Johnson walked off of my job, that is nearly 90% paid for, but only 50-60% completed! To make matters worse, a few weeks ago he also decided to come to my home (without my knowledge) and take ALL of the building materials AND pool equipment, fencing, automation system etc! This has wreaked havoc on my home, my family and my health! To be clear, I am not some old grumpy man that has an ax to grind, just a 53yo man that is in otherwise very good health other than my MS and just needs this pool to be completed (not by ** ******* or Johnsons’ All-Scapes LLC).

  Business response

  01/23/2024

  This was the email I send to the Delaware state police. as you will see, i continued working for 3 months without him making the payments required by the contract. the contract has everything spelled out clearly and there is no gray area. He is leaving reviews on search engines and social media that are complete lies. slandering and sabotage. Id like to go after him for false accusations.

  Its not allowing me to upload photos or the contract. Is there another way I can send photos and a copy of the contract?

  
  
  Tell us why here...From: ***************** ******************>
  Sent: Wednesday, January 10, 2024 3:49 PM
  To: ***** **** * ***** ************************
  Subject: ******* ******* Claim
  
  Please see email thread below between myself and Mr. *******. you will see that non payments was an ongoing issue from the very beginning with this client. No fraud has been committed by me. the only fraud, is this fraudulent claim he is presenting.
  
  
  See attached contract. the payment schedule is listed at the bottom of the contract. also with a clause that states clients do not get to decide when they get to pay. they have to pay according to the payment schedule. or there will be late fees
  
  
  I never charged him the daily late fees like i could have. He was 2-3 months late on some invoices and I continued to do work in hope he would finally pay and went against my lawyer telling me to quit working if he doesnt pay. I continued in good faith.
  
  
  see attached photos showing the pool and pavers and the ramp that i was doing at cost for him as a kind gesture due to his MS disorder. I was never paid a dime towards the ramp because it was a time and material portion of the project and i would have presented him an invoice upon completion of the ramp, but as he continued not to pay the original i knew i would have trouble getting him to pay the additional for the ramp as well.
  
  
  There are other line items on the contract that have $0.00 beside them because they were from the original proposal i sent over to him, but he only opted to do the line items that have a money value beside it. although i did do extra work that wasnt on the contract because it had to be done in order for it to be functional for the next phase of the project. I laid in conduit pipes with irrigation lines and low voltage lighting wire and also drains for his future outdoor kitchen sink.
  
  
  theres a photo of the day he accepted/approved the contract which had the payment schedule on it that he accepted with the contract.
  
  
  please let me know if you need anything further.
  
  
  text message or email is best form of communication.
  
  
  Thank you,
  
  
  ** *******
  Johnson's All-Scapes
  Pools and Patios
  ###-###-####
  
  
  
  
  ----- Forwarded Message -----
  From: ***************** *******************
  To: **************** *****************>
  Sent: Monday, December 11, 2023 at 08:17:49 AM EST
  Subject: Re: Past due invoices
  
  
  Good morning,
  
  
  I went back to the previous emails (see below) where i explained what invoices were owed. so this 9k invoice was sent over 2 months ago and then addressed again in the last email in which when you gave the last payment you kept the 9k out of it once again.  giving me 26k instead of the 35 owed. i still came back and worked some more. and no payment was initiated still.
  
  
  this has been going on since the beginning. with all the gripes and complaints this far about the project (pool too deep, its 4.5 to 5.5 like asked for. steps too steep. theyre standard. we had talked about handrails going down into the pool. top step being level with back porch. etc...) and the money. i will not leave 25k+ out there to the end of the project just to finish and you have all the excuses of why youre not paying. ive been in this position before and im not doing it again.
  
  
  to answer your text
  
  
  i had said in my previous text...the plaster, equipment, waterwall, and tile were all that was not completed. that 26k should get that finished
  
  
  i had forgotten about the fence but i can complete that portion with the money you have already given me.
  
  
  ill get my guy by there to finish the inlaid border for the pavers and to sweep more sand in the pavers.
  
  
  the drip and lighting and outdoor kitchen is not on this contract but i went ahead and spent money on the materials and labor on that and dropped in everything needed for it when the time comes to do that portion. i was thinking ahead and doing what i knew needed to be done to avoid problems down the road.
  
  
  all you had to do was to continue to pay on time and i would have continued to produce on time. when you delayed. i delayed.
  
  
  i stopped by and checked on the guys a few times a week. just because you werent there or didnt see me doesnt mean i didnt stop and check on them.
  
  
  
  but ive reached my breaking point and im done. any time you opt into a contract, a car, home, etc...there is a payment schedule put in place for you that you accept and sign and ackowledge....and if you dont pay accordingly then they come take it. same thing happened here. youll pay your car off in 5 years....youll pay them off way ahead of the life of the vehicle with no gripes but cant see that our situation is the same thing.
  
  
  ill get a guy there by the end of the week to finish that border and sweep sand in. and then when youre ready for the fence, let me know and ill get by there for that as well.
  
  
  
  
  Thank you,
  
  
  ** *******
  Johnson's All-Scapes, LLC
  ###-###-####
  
  
  
  
  On Wednesday, October 25, 2023 at 07:01:40 PM EDT, ***************** ******************> wrote:
  
  
  
  
  yes you gave 30k but 65k (37k, 18k, 9k +/- draws) was due for the 3 invoices according to the payment schedule. 
  
  
  so theres a 35kish difference. 
  
  
  you had said you wanted to see materials arrive and work being done before giving any more. ( Which i totally understood) so i agreed to take the 30k that day and once we started and showed progress the other would be due.
  
  
  thats when i sent the other invoice. showing partial payment of 30k for the combined 37 and 18k invoices and it left the other separate 9k invoice open too.
  
  
  I'll be in the area tomorrow and can swing by at some point. if you wont be home just let me know where you want to leave it.
  
  
  i appreciate you 
  
  
  Thank you,
  
  ** *******
  Johnson's All-Scapes, LLC
  ###-###-####
  
  
  
  
  On Wednesday, October 25, 2023 at 10:30:18 AM EDT, <> wrote:
  
  
  
  
  Ok, all I needed was an answer because I had just written you a $30,000 check the week before and there was no discussion as to needing another payment a few days later.
  
  I've had the check written... where do you want me to put it?
  
  Best Regards,
  **** *******
  
  
  On Tuesday, October 24, 2023 at 07:10:43 PM EDT, ***************** ******************> wrote:
  
  
  
  
  Good evening,
  
  
  I got your text last night and wanted to come back to this original email.
  
  
  you asked once again what can you possibly be paying for.
  
  
  the pavers are 95% done now
  
  
  the water wall is 75% done now
  
  
  the pool equipment was delivered and on site.
  
  
  steps and ramp started for you.
  
  
  85-90% done whats on this contract. ( and more with the steps and ramp that i agreed to do at cost)
  
  
  big progress has been made. but no further payments have been made.
  
  
  and progress could have continued to be made if you were willing to make the payment to get caught up to the payment schedule you accepted.
  
  
  I wanted to see if you would initiate payment or reply to me about the payment email without me having to ask again in person or via text.
  
  
  With no email or in person conversation, i knew where that left us when I had to text again.
  
  
  so i pulled the guys off of site today and we started another job.
  
  
  and we will not be back until payment is made to get caught up to the payment schedule on the contract.
  
  
  once, and if that payment is made, we will put you back on the schedule.
  
  
  there is not 45k worth of work to be done there. 
  
  
  but thats how much is still owed and im not leaving that much out there until the end of the job in hopes that you pay me.
  
  
  ive been in this position before.
  
  
  where the client holds a large amount until completion and then come up with every excuse to not pay or to add on or make changes etc...before paying
  
  
  i do not like to have to be like this. its frustrating and disheartening to have to go this route.
  
  
  i want to live up to my end of things, but i cannot do so if you do not live up to your end.
  
  
  i will wait to hear from you.
  
  
  Thank you,
  
  
  ** *******
  Johnson's All-Scapes, LLC
  ###-###-####
  
  
  
  
  On Monday, October 2, 2023 at 07:25:31 AM EDT, ******** *****************> wrote:
  
  
  
  
  Good morning-
   Let me know what time.
  
  Sent from my iPad
  
  On Oct 1, 2023, at 7:57?PM, ***************** wrote:
  
  
  ?see red text below.
  
  
  Thank you,
  
  
  ** *******
  Johnson's All-Scapes, LLC
  ###-###-####
  
  
  
  
  
  On Friday, September 29, 2023 at 09:05:22 PM EDT, **** ******* *****************> wrote:
  
  
  
  
  Hey **-
  Everything that has been done so far looks good and I am excited to see it done!
  
  However, I paid you 50% of the ENTIRE pool AND PAVER proposal on day 1… and after five weeks all I have is a concrete hole in the ground. There are no pumps, pavers or finished work done or even started on the pool. Would you seriously give someone 90% payment on a project that is only 25% done? What could the 3 invoices possibly be for?
  
  
  See attached contract and highlighted areas. 
  
  
  As you have saw, the pool building process has many phases. and your pool is literally 2 working days before we could fill it with water...but that happens on the very last day so the plaster and water doesn't get messed up during construction....we do not finish the pool then do the rest of the construction and hope we don't mess up the plaster and water. that doesn't make sense. Tile and plumbing 2 days and plaster is one day job and then the pool gets filled same day. So you will not see a finished pool until the very end (but that does not mean you do not have to pay your progress payments) because that's how its done in our industry. 
  
  
  So for you to say you don't see a finished pool, that's why. In your industry I'm sure there are certain timelines and ways things have to be done in order to be efficient but I would never come to you if i hired you and tell you that I don't see a finished product yet (so I'm not paying my progress payments), because if I knew how to do it then I wouldn't of hired you to do it and would have just done it myself. you know what you know, and I know what I know. and I hope you hired me because you trust me to deliver a good product, and that's what i am going to do as long as you live up to your end of things. 
  
  
  My employees were there and had everything ready in 5 days for the shotcrete. I DO NOT HAVE CONTROL OF THEM BECAUSE THEY DO NOT WORK DIRECTLY FOR ME. So therefore they delayed the process, along with the rain. You cannot hold me accountable for something I have no control over.
  
  
  If you have all of that stuff in your warehouse then let’s get it in and there would be no issues with these invoices because I would see real, steady progress being made! 
  
  
  I was around all day, and available for you. When you texted me the other day you mentioned that you would be there in an hour and I waited about an extra 15 minutes and had get into the shower because I was scheduled to go to Baltimore with my wife for the weekend to babysit our granddaughter for the first time. I guess I missed your call (ironically) because I was updating my iOS… but I called you right back and did not get an answer or a call back. By the time you got there and knocked I must’ve already been gone. 
  
  
  Trust when I say that I am not playing games, but the communication has been horrible up to this point (even some of you contractors have said the same to me). The electrician and plumber were to be outside of your scope. But I was never told what was needed (or when) so I could get quotes… and along comes your electrician asking me for money (thousands of dollars) on a job that I was not even given a quote on. An entire trench was dug for the pumps before we even finalized a location. 
  
  
  See attached about electrician. Its right there on the contract of what to expect. There are no hidden fees or me trying to pull a fast one on you. I told you I have an electrician that I use for every job and you told me to use him because I explained to you that not every electrician knows pools. 
  
  
  The plumbing/plumber is not additional...its included in the price. you will see that highlighted in your pool description.
  
  
   As far as for the plumbing and equipment YOU are the one who suggested putting it behind the trees lol not me! We walked out in the yard together and we agreed. then the electrician and you had a conversation and then decided to move it up to the side of the house  to save money. so now i have to do double work (which costs me money) and dig another trench.
  
  
   I need you to remember that I have never built or owned a pool so I am not intimately familiar with the process. 
  
  
  With all due respect, you just said you have never built or owned a pool...thats why you hired me. Let us do what we do and you will be happy with the end results.
  
  
  This project, if finished to completion, will be almost $250,000… that’s a lot of money (to me). I thought after 6 weeks we would be a lot further and if we were we would not be having this conversation. 
  
  
  Once again, see attached highlighted. It states expect 3-4 months for completion (but yours wont take that long (as long as you make your payments) because yours is a concrete pool and not vinyl. we are on week 5 and thats due to no fault of my own because i do not control the concrete company schedule. soon as they were done we came right back and pulled the forms and installed the coping.
  
  
  I would love to get together with a detailed plan and timeline that we are both comfortable with so we can see this job to completion! Will you have time on Monday afternoon? Let me know what time works for you. 
  
  
  I want to keep things moving on your project but i need you to understand something, I have been doing this 8 years. I have been burned more times than Id like to admit. And its always the people you least expect. (and I am not insinuating that you will burn me) but to keep going and leave 75k out there lingering and hope to be paid in the end isnt going to happen. right now i am in the hole on your project, your pool is not 75k, its 75k plus automation 6500 and upgraded plaster 3500...85k...and you want me to finish and id be 10k in the hole....plus all the pavers, base materials, water waterwall etc...nope, not happening....I cannot go any further until at least the first 2 are paid (in which you agreed to the payment schedule when you hit the accept button). I will let the 9k sit until we start the pavers and waterwall etc. So we can meet to discuss when you are ready to cut me a check and we can get things moving again. Tomorrow will work for me, if that works for you.
  
  
  Look forward to hearing from you,
  
  
  Thank you
  
  
  
  
  Best Regards,
  **** *******
  
  
  Sent from my iPhone
  
  On Sep 27, 2023, at 7:09?PM, ***************** wrote:
  
  
  ? Good evening,
  
  
  
     I text this morning to make sure you would be around so we could discuss the project, in which you replied that you would be home. I swung by this evening and knocked 2 times and called before I pulled out of the driveway. No answer. With that being said, after tomorrows coping installation is complete, there will be another draw due, at this point there will be 3 open invoices. Without payment of all 3 of them, I was advised by my lawyer and accountant, that I cannot continue anymore work because it is messing the books up as I have paid for the labor and purchased all of the materials which far exceeds the initial deposit, and I should not be using the company's money to pay for your project.
  
  
  
  We had a conversation the day we started about the start up draw, that you wanted to see more work done before paying that draw ( which my lawyer advised me that I should not be moving forward in any way, shape, or form with any phases of the project until paid, but I did in good faith and now him and my accountant are on my ass about it). I figured after you saw the pool shot with concrete that you would consider that progress and initiate the start up draw and the payment for the concrete being shot as well, but as of now, there has been no sign or initiation of payment.
  
  
  I have your automation system, pumps, filters, lights, and plumbing all at my warehouse waiting to deliver, pending payments.
  
  
  I also have your travertine sitting at the distributor waiting for delivery, pending payment.
  
  
  If you want to see this project continue, after tomorrows coping completion and that invoice is sent, I will need the 3 invoices paid immediately.
  
  
  Thank you,
  
  
  ** *******
  Johnson's All-Scapes, LLC
  ###-###-####

  Customer response

  01/25/2024

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

  
  I need to begin by reminding Mr. Johnson that someone cannot be sued for slander if everything that they are saying is in fact 100% true! I stand behind every statement that I’ve made about this both publicly and privately and I am 100% ready to defend myself and my words and actions up to this point as they can all be corroborated. In fact, here is the post that Mr. Johnson referenced:  "I hired Johnson’s All-Scapes LLC. in mid-August to build a pool in my backyard, per      the advice from my doctors and physical therapists based on my recent (2020) diagnosis of MS. During the initial day of the build I was “warned” by the foreman that the owner did not always run his company with the utmost integrity.        This message was reiterated by at least two other employees on different occasions, and a subcontractor. I read into these warnings and attempted to be on defense of being taken advantage of. Throughout the entire build process Mr.      Johnson has taken exception with every question or insinuation that something may not be being done as promised. This includes not using the correct sized tiles that we agreed upon for the patio, not properly installing 2 staircases, to      not installing water drains that were promised to me from the beginning since there absence will result in a true safety hazard for ME and my family. In the end, Mr. Johnson walked off of my job, that is nearly 90% paid for, but only 50-        60% completed! To make matters worse, a few weeks ago he also decided to come to my home (without my knowledge) and take ALL of the building materials AND pool equipment, fencing, automation system etc! This has wreaked          havoc on my home, my family and my health! To be clear, I am not some old grumpy man that has an ax to grind, just a 53yo man that is in otherwise very good health other than my MS and just needs this pool to be completed (not by      TJ Johnson or Johnsons’ All-Scapes LLC)."                                                                                                                                                                                                                                                                                                             As you will see, NOTHING said here is untrue.

  
  My very last text to Mr. Johnson was basically saying/pleading to put any issues to the side and focus on getting this job done so we can just go on with our lives, but he chose to walk away from this project with my money instead! I am currently getting estimates between $70,000 and $80,000 to fix poor design and poor/incomplete installation issues in order to finish this project (and this does not include repairing the irrigation system that was nearly totally destroyed, installing lighting or the fence). It means that this $150,000 pool/patio is going to cost over $230,000 when it is all said and done! Here is my last text to Mr. Johnson:
       "**, you are nearly 90% paid yet this project is no way near 90% complete. It still needs (and this is only from my very limited knowledge of pools):
       -Finish coat/Diamond Brite on pool and tile not done
       -inlay border around the pool is not complete
       -drip system not complete
       -pool equipment not here or set
       -plumbing not done
       -electric not done
       -patio lighting not complete
       -fence not designed or installed
       -pavers not complete
       -joints between tiles still "rattling" and need more sand
       -water wall not complete
       -irrigation system still tore apart and can't be winterized
       -computer automation system not installed
  
       If the $9k invoice was sent, as you say "over 2 months ago", it would have been the same time that I gave you the check for over $26,000.
  
       The patio steps have not changed 1 bit compared to what we discussed! The only thing that I was telling Nick was that I was concerned about how the top step will not match all the way around and "here is the fix". Since I never was         asked any questions I assumed you and I had an understanding of what was needed. I am not a "hardscape expert" so all I can do is explain the vision. Maybe I'm wrong in this design but you never came by to look at options or how         the job was progressing... only to pick up a checks. I'm not saying the steps are wrong... it's just not what we talked about (in my mind). Shouldn't the top step look the same all the way around? It doesn't, and that is/was my concern.
  
       When would you prefer that I address issues? At the end of the job when everything is "done"?
  
       You keep talking about one invoice for "coping" because it was itemized, but nowhere else is this quote broken down. Where is the equipment draw? The water wall draw? Fence draw? Why is that one so special?
  
       Everything was being paid for in bulk... not small itemized invoices.
  
       The fact is as of today, you have cashed over $130,000 in checks for a $149,000 project (plus the cost of the ramp). The dates of these payments were:
       -8/18 I gave you $74,500 (50% of the entire job on day1)
       -10/3 another $30,000
       -10/26 another $26026
       So by the end of September you had already been paid 75% of the contract and at that point the pavers were no where near installed.
  
      To be honest with you, I would have been much more comfortable with the fluidity of payments had it not been that EVERY single team that has come here to work (from the very first day when they came to dig the hole) has given me        doubt that this was going to be a smooth process.
  

       You say that "I made you come by to pick up a check each time" and you are correct, in a sense, because this seemed to be the only way to get you here to discuss the the job, look at its progress and discuss the work that had been         done. You knew from day one that this was  going to be a fluid project and we both knew that this was not going to be laid out exactly the way your video showed and that a lot of field changes were going to be necessary.
  
        I've never once "complained" about making a payment ... what I've complained about since before day one was the communication, or lack there of. There is no talking to you. It is your job as the "owner" and "project manager" to               manage and to communicate on expectation and deliverables. None of which have ever been done. Look at our past texts... there were days and weeks where you were MIA with it rarely being explained or a declaration for payment.
  
       I told you when you were handing me another invoice for over 40% of the project just two days after you started that I was not comfortable with that. I am not comfortable with letting any Contractor get 90% ahead of me and you                 agreed. If not, you should’ve handed me back my $75,000 check and told me to find someone else. Not four months into the project
  
        There are two ways to go about this, the easy and cheap way (with a bit of humility needed by both of us) or drawn out and very expensive alternative. I choose the first... but unfortunately you would rather "be right" than "get it right".       This is very unfortunate as my brother and I have  given you well over a QUARTER MILLION DOLLARS  over the last year (with many more recommendations and friends to follow)... this is very shortsighted for you to blow this up at         very end of the road! This is a lot of money (and trust) to me and all I want at then end of the day is a beautiful pool so that I can hopefully keep walking as long as I can and also enjoy it with my friends and family as long as I can!                That's it."
  
  I can assure Mr. Johnson that this “full- court press” will continue, as I have been in contact with local law enforcement, BBB, the Delaware Attorneys General office as well as the ADA. Also, ********, ******** and ****** and my next step is to go to local news agencies/lawyer with my story. 
  
  My brother and I have been in business together for over 30 years and we have started and grown over a dozen businesses during this time. All of this success does not come to somebody that has no standards or integrity, as Mr. Johnson suggests. I have always paid my bills, because if I did not I would not be where I am today. I would invite him to look at our success and start running his business the same way so that he may have the same success someday.
  
  As mentioned in my complaint, I paid Mr. Johnson, 50% before the job was even started. Upon his initial team coming to dig the hole for the pool, I was met with constant complaints by his employees, namely, Fred, Nick and the guy that picked up the pavers and pool equipment (up to this point I did not use any employees names as I did not want to further strain the relationship between Mr. Johnson and his employees, but now I have no choice). Fred, the leader of the “dig team” of the project went on and on regarding TJ’s lack of integrity, lack of knowledge in the pool industry and his ability to run a business and how TJ recruited him from another leading pool builder (****** *****) around the area and how he was sorry that he ever was talked into this! This gave me a lot concern, as you can imagine, as I had just given him a $75,000 check. Directly after the hole was dug, I was presented with another 40% request for payment and I did not feel comfortable with moving forward being this far behind based on what had been said and what had been accomplished on the project so far. At that point, Mr. Johnson could have simply stated that he was not comfortable moving forward, given me back my $75,000 check and went on with his life and I would’ve found somebody else to finish building the pool, but he did not. He continued to move forward with the project knowing that I was good for the money. 
   
  I stand behind everything that I’ve said and written online regarding this situation. Fact is, that I was promised 2‘ x 2‘ pavers and did not get them. I was promised a staircase that would be navigable by me, and I did not get that.  I was promised a trough by the shower and on the patio and I did not get this either.  I was promised a staircase off the back porch that would look like one, intentional staircase but I did not get that. I was promised a staircase in and out of the pool that I could manage and I did not get that. I was promised that the irrigation system was going to be put back together and I did not get that either. But yet, Mr. Johnson has over $130,000 of my money and all I have is headaches and stress trying to pull this project together. one of two things are going to happen, either he's going to be put out of business so he cannot do this to anyone else or I'm going to die trying as this is NOT RIGHT.
  TJ had no problem sharing previous legal woes he experienced, but conveniently forgot to tell me in August about his recent bankruptcy (June,2 2023)!
       **** ********** *****      ******** ** ******** ***********      ********** ******** ** ********       ******** *** ***** ***** ***** * ****      ******* *      *****      ******** ******* **      ******** ******* **      *********      *****      **** ******   **********      **** **********   **********      *** ********   **********      ******** *** ****** *******   **********      ******** *** ****** ****** ********   **********      **** **************    ****** **********       **** * ******    ************       ******      ********* *********** ***      *** ****** * ******** ************ *****      ** *** ***      ********** ** *****      ***********      *** ** * **** **********       *********** ** ****** ** *****      ****** ** *****      **** ****** **** **** ***      ******* ** *****      ************      *** * ************      ****** ********************      *******      *** ******** *** ****      ****** ********************      *********** **********       *******      ******* ******* ****      ******* * ******      **** ************ ******* ***** **** **       *********** ** **********       ***** *** ****       *** * *** ********       ****** *****************       **** *******       ** ******* * *********      ******* ******* **********      *** **** ******* ******      ***** ****      ********** ** *****      ***** ********      *** * ***** ********      ****** ***************************** *********** ** ***** ****** ***** ***** ***      ****** ** *** **** *******      *** **** ******* ******      ***** ****      ********** ** *****      ************      *********** **********       ********* ** ***** *****       ****** ** ***********       *** ** ******* ******       ***** ****      ********** ** *****      ************                                                                                                                                                                                                                                                                                                                                                                   ****** ***************************
  

  Since he states that he has all of equipment in-stock I would like to propose that he just return the pool equipment, return fencing (materials only), return balance of pavers/stacked stone/coping/wall cap (materials only) and return the Pantair automation system and I will pay to have everything corrected and installed. This will mean that I will have fully paid him the full $45,000 for the hardscape and well over $55,000 for a concrete hole in the ground and the ramp. In return, I will remove all of my complaints to the aforementioned agencies, remove all posts (and even make a post saying that we rectified this issue and this should certainly help to save his business). With this, it will still cost me between $30,000-$50,000 to get this done (as it will require the pool to be finished, rebuild the pool steps so that they are usable, repair/complete the ramp and staircase around the ramp plumber, lighting, completion of hardscape, completion of "water wall", repair of irrigation system, installation of equipment, purchase and installation of lighting etc.
  My hope is that Mr. Johnson chooses not to throw his business away just so that he can make a point.
  

  Sincerely,
  ******* *******

  Customer response

  02/05/2024

  Hello BBB-
  I have not received a response to my rebuttal to Mr. Johnson from 1/25, or a response to the proposition that I offered, and was wondering when I can expect to hear something back? If I do not hear something by Friday, February, 9th I will have no other option than to proceed with my campaign to inform other unwitting consumers of his nefarious business dealings. This absolutely breaks my heart because I know how long it takes to build a successful business and to throw it all away this way is a shame!

  
  I have spoken to several pool companies and they are "extremely concerned" about how this pool and hardscape was designed and installed (ranging from the depth of steps on the back porch being less than the recommended 18" to the patio draining into the pool to uncapped plumbing lines and even non-grounded metal fountain heads which is a severe safety issue etc.)!

  
  ALL public information that I have found, or been told, will continue to be disseminated on all social media channels as well as formally pushing my lawyer to bring suite against Johnson's All-Scapes L.L.C. and Mr. Johnson personally. I will be planning on posting ALL public information regarding Mr. Johnson because had I known of all of this prior to beginning of this project I certain would have chosen to work with a different contractor (and I'm certain many other consumers will agree)! Though, this can all be averted if we can just put our egos aside and come to an agreement on how to part as friends.

  
  Please let me know when I can expect to hear something back.
  Best Regards,
  ******* *******

  
  

  Business response

  02/15/2024

  I did not see any of the other emails or updates until now. I will need to speak with my lawyer. as you can see he has added alot of extras into his initial complaint. one being that I am a good company and he doenst want to see it get thrown away (neither do i by a pathological liar)...admittingly saying he knows we are good and thats how i have gotten to where im at today. he is the only one that i have ever had this problem with paying and i have all the proof. there are several lies in there as well. he had cameras running throughout the work...it will show/not show where he has lied. i will want that video footage in court if it goes that far. let me speak with my lawyer and then i will get back to you.

  Business response

  02/15/2024

  i just spoke with my lawyer and i meet with him on tuesday. i will be in touch once i speak with him

  Customer response

  02/16/2024

  Dear Ms. Clay-

  I would like to thank the BBB and you, in particular, for your assistance with this matter. At this point, I would STILL consider my last offer/arbitration but it is up to Mr. Johnson to first agree to this setup. I have spoken to two attorneys, one of which is a leading bankruptcy attorney in Baltimore (where the BK was filed), and they are both under the agreement, and confident, that under Delaware Code Title 11, Crimes and Criminal Procedure Section 916, that this is clearly a crime of home improvement fraud (only made worse by the fact that it was done to a handicapped person)! 

  He filed for Bankruptcy in June, which was later converted to Chapter 7, yet Mr. Johnson failed to tell me in August (or anytime thereafter) about his situation as this certainly would have altered my decision to move forward with Mr. Johnson, as it would have for any rational person. Yet he had absolutely NO issue with telling me about his 4 year stint in prison on drug charges a few years back! I am a kind person willing to give someone a second chance once they have paid their debt to society but I would have NEVER chosen to proceeded to move forward with this agreement, and then give Mr. Johnson over $130,000, had I known of this BK beforehand! Due to the amount of money that we are talking about, this is a Class D felony! If no agreement can be made relatively soon, I will proceed, along with my DE county representative,  county States Attorney's office and my personal attorney, to proceed with filing this felony charge(s).

  Let's just say that I hope they kept his cell warm and ready for him! 

  Though, if Mr. Johnson would like to move forward with a settlement, please reach out to me as soon as you possibly can so I can put the brakes on the filing (which should be ready sometime early next week). I can be reached at ###-###-####.

  Best Regards,

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

  Business response

  02/21/2024

  Good morning,

  I met with my lawyer yesterday, presented him with the facts and evidence, showed him where Mr ******* had already taken this to the public, so the damage is already done so no matter if he takes it down, he already went too far. So if he wants to pursue this in court we can. We will counter sue on numerous counts and my lawyer was pretty confident that it would not turn out well for Mr *******. There is also a daily late penalty stated on the contract on non payments which are in excess of $20,000. As my lawyer stated, the counter suing, late payment fees, and lawyer fees will far exceed the cost of him just moving on and getting it finished. If Mr. ******* wasn't comfortable with us doing the work he should have stopped us in the first week but i have numerous texts and emails saying how everything looks great and to keep moving along in which i did with out payment for 65 days. I have never had to go this route and never had a customer like this but i will not back down when I have done nothing wrong. When im wrong i will admit it and make it right. Im not wrong here.

*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. ↩