ComplaintsforBaker Landscaping & Concrete, LLC

• Initial Complaint

  04/08/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  My back yard was damaged during excavation of the property next door. Sod was dug up, large rocks and ruts left behind, and my drain pipe was cut. My yard had been newly landscaped a couple of weeks prior to them breaking ground next door. The large holes/ruts left behind caused rain to runoff and damage my new vinyl fence. They did fix one area with sod but did not return to fix the corner of my lot or offer to pay for my fence to be repaired. I have sent many emails and spoke to several employees within the last eight months with nothing resolved. I've paid for the corner to be fixed and I've put down a deposit to the fencing company for the repairs to be done in a few weeks.

  

  Business response

  07/22/2024

  We bought a lot at ********************************* for a new construction Townhome. We spoke with ***** about her fence she was about to have installed on the sewer easement. We recommended she wait for our utilities to be installed since we would have to dig to connect using the easement. She told us that her fence company told her she would lose her deposit if she pushed her fence installation back. We went ahead tapped on to the utilities using the easement. Once ******************* had her fence installed on fresh backfill it settled like we informed her it would. We offered to repair the fence but ***** told us her fence company said they would void her warranty if she let us repair it. ***** took us to small claims court and the judge ruled both parties 50% liable. 

• Initial Complaint

  01/03/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  They did retaining wall repair in my backyard and it wasn't done properly and. I have gravel in my yard all over the place. It is washing out from the bottom the drain pipe was not ran correctly and the water is not going out of the house as it should out of the backyard. I owe them 1000 and they have a lawyer and they turned them over to collections. I have called them to come out and repair the wall but they refused. They also have damaged the drain on my property and they didn't finish it off with topsoil. They put sand down and when it rained it ran all down into the street. So I am not going to pay them $1000 until they fix the wall. I have paid almost 12,000 for this wall to be fixed and have not heard from them.

  

  Business response

  01/10/2023

  We were contracted by Mr. ******** to repair his failing wall, using the previously purchased materials.  We had to bring the remaining section of the wall down, excavated further behind the wall and added approximately 25 tons of 1" clean rock.  We added 100' of 6" perforated drainage pipe, using a reducer we connected the piping to his existing drainage pipe.  The hill behind Mr. ********'s property is very steep, two or three previous walls by other companies have failed due to the amount of water that comes down the hill towards his residence during wet weather.  The rock had to be high enough to fill the area up to his fence.  The rock within his yard is coming over the wall, due to the water pushing it.  The wall itself is secure and straight.  We used zero sand on his project, that must be from erosion from the park up above his property.

  Mr. ******** requested we do minimal yard clean up to reduce the cost of the project some and he would finish the clean-up, seed, and straw the yard himself.  He called after the job was complete and was not happy with the condition of the yard, we returned at no cost to him on March 4th, brought more topsoil and re-graded the area he was questioning (pictures attached).  We returned again on May 26th to go over it again and explain that the wall is not failing, it is still solid and straight.  We do feel that the remaining balance is owed and after several attempts to close the matter with no response from Mr. ******** we sent the matter to collections.

   

  Please let me know if any further information is needed.

   

  Regards,

  
  

• Initial Complaint

  10/12/2021

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  Signed Contract for inground pool 10/29/20 Paid 1/3 of total price Pool was to be complete by Summer 2021 Started on 04/29/21 Water in pool 08/10/21 Pumps did not work, heater did not work, pool losing 1.5 inches of water per 24 hours Paid 2nd installment; total of about $54,000 Pool was to be 4 foot deep; Depth of pool not listed on any contract, specs or communication from ***** Landscaping. After water added to pool the depth is only 36inches. I have refused to pay balance until issues resolved. Other company came and fixed heater; indicated had been installed incorrectly. Notified them of water loss on 08/19/21. Informed me it was due to evaporation. In September conceded there was a leak and brought a sub-contractor out and found a gasket in bottom of pool drain had not been tightened. As of today, 10/12/21, the pump does not work and there is no cover installed per the contract. They refuse to make any allowance for missing 12 inches of pool depth. Attorney suggested BBB.

  

  Business response

  10/28/2021

  We have not corresponded directly with Mrs. ******** since receiving a certified letter from her.

   

  Start date – Permitting was granted 4/15/21, Covid played a role in all deliverables.  We were onsite as quickly as possible once the permit was obtained, first day at During Dr. 4/26/21.  ****** was gathering her own permits for the wall and fence she was having her son install, so she was aware of the delays in permitting.  We had also discussed with her the backorders we were encountering across the board on all materials.  Several selections had to be made regarding the pool liner, as some of them at that time were on back order until April of 2022.

   

  Heater not working – see attachment Service call – Week of 8/23/21 the bad part on the heater was replaced by the warranty company.  9/3/21 ****** advised it was still not working correctly.  I requested another service call from the manufacturer.  They were back onsite 9/10/21 and resolved the issue.

   

  Pool losing water – No visible leaks were obvious, multiple inspections were done to identify a leak.  Per the manufacturer, we advised "you can lose up to 2" of water due to sun, wind, and splash out."  Also offered a website to assist in educating - https://poolonomics.com/pool-evaporation/ .  A bucket test was preformed, and the level of the water did diminish more than it should.  We then hired a 3^rd party that uses a sound-based leak detection system, they were able to identify the issue in the bottom drain and corrected it.

   

  Pool Depth – Excavation was an issue due to ground water, we ultimately had two Change Orders at the start of the project before installation of the pool panels could begin.  We had to excavate deeper than normal to get below the saturated ground level and add an additional 30 tons of rock.  The second Change Order required was to install a sump pump and bury her down spouts.  The sump pump was needed in order to keep the water out from below the pool. See attached Change Orders.  Extra excavation was also done at this time to assist ******’s son in preparation for his wall install, at no cost to the ********’s.  During that time, the operator spoke to ****** informing her that this is the depth of the pool, she advised that she didn’t want a deep pool, just a wade pool for the grandkids.  There was no objection to the depth of the pool.  The pool was dug to specifications provided by the manufacturer, it along with the drawing of the site were shown to ****** before the contract was finalized.  Both items attached. 

   

  Cover – The cover has been ordered along with a temporary cover, while we wait for the permanent one to arrive.  Again, there are longer than normal waits on items that are beyond our control. 

   

  Please let me know what the next steps are.

   

  Thank you for your time and please reach out if you have any questions.

   

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

  Customer response

  11/01/2021

  We reached out to ****** on 10/28/21 to advise her temporary pool cover would be arriving one day this week and we would contact her about getting it installed right away.  This morning, 11/1/2021, I reached out to her, below is the result of that conversation.

   

  Thank you,

   

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

  Customer response

  11/02/2021

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

  I would like to address the response from ***** Landscaping & Concrete regarding my complaint ID # ********

  1. Permits:  I worked with Arnold City Hall, Building and Permits Department, and experienced no delay or any problem in obtaining the permits I needed.  If they had a delay it was due to them not applying for their permit in a timely manner.

  2. Heater:  I informed ***** Landscaping & Concrete in an email to them dated 08/18/2021 that the heater was not working.  Emails 09/07-09/10/2021 to ***** Landscaping indicating the  heater was not working.  09//09/2021 8:38 a.m. received invoice from ***** Landscaping indicating lien to be placed against my home and their attorney contacted if I did not pay balance.  States on the invoice from ******* ********, Office Manager, with explanation that the heater works, but is not being operated correctly by me. On 09/11/2021 Aqua Doctors were on site and fixed the heater and I quote "The best equipment, *****, you could buy, it just was not installed correctly".

  3. Pool Losing Water:  I informed ***** Landscaping & Concrete in an email to them dated 08/18/2021 that the pool was losing water.  I indicated how much water I had added to the initial fill of pool.  On 09/03/2021 I sent another email about the pool losing water and how much water  I had added to the pool.  Their response was the water loss was due to evaporation.  I googled water loss of pools and on 09/07/2021 I started my bucket test.  More emails exchanged regarding water loss.  On 09/09/2021 at 8:38 a.m. sent ***** Pool and Landscaping with results of my bucket test, evaporation was extremely minimal, mayabe 1/32", but total pool loss was 1.5 inches in a 24 hour span.  Received email from ***** Landscaping & Concrete on 09/09/2021 at 8:37 a.m. with final invoice, again stating that the water loss was due to evaporation.  On 09/13/2021 *** *******, ***** Landscaping & Concrete, started his own bucket test and his findings were same as mine.  No further mention of evaporation, it was now officially a "leak".   There were no inspections done, because the water loss was due to evaporation.  On 09/30/2021 Bi-State Pools were on site to fix the leak.  The leak turned out to be a gasket at the bottom of the pool that was not installed properly and after tightening it was fixed.  Ido think a gasket at the bottom of the pool that was not tight would have been found if AN INSPECTION HAD BEEN DONE.

  4. Pool Depth:  On 09/08/2020 I received a drawing of my proposed pool.  No where on the drawing, or the subsequent contract is the depth of the pool mentioned.  I verbally conveyed to *** *******, ******* - site foreman, and Rob - heavy equipment operator, that I wanted a pool as deep as my collar bone, approximately 4 feet deep.  The three at various times asked me if I wanted a "deep end" of the pool.  I reiterated to them I wanted the pool level on the bottom, all the same depth.  Up to  my collar bone.  According to their response the equipment operator told me this was the depth of the pool.  I have one knee replacement and the other is bad.  I never entered the pool area during construction, which would be the only way to tell the depth of the pool.  Also, my grandchildren who live with me are 11 and 9 years old at the time of construction and anyone who knows children I believe would be doubtful of a request for a "wade pool" for them.  I signed a contract with a verbal understanding of a 4 foot pool.  On 08/28/2021 I sent an email to ***** Landscaping indicating that the pool on me is barely at my hip level.  A far cry from my collarbone.  Their response was  that the pool was dug to specifications from the manufacturer.  I never saw these specs during the construction process and never signed off on a 3 foot pool.  At one point  during a conversation with **** ***** the owner of ***** Landscaping & Concrete he indicated the depth of the pool was part of the permit submitted to the City of Arnold.  I had called Arnold and spoke to someone in Building and Permits and then on 09/01/2021 I made a site visit to Arnold City Hall and spoke to Sarah Turner where she reiterated the depth of the pool was not part of their requirements and was not in the material submitted to them by ***** Landscaping and Concrete.  Mr. ***** outright lied to me.  Any other lies to myself are purely conjecture, but this particular lie is documented.  If have copies of the drawings sent to me by Tom ******* and there is no depth listed.  If the drawings ***** Landscaping & Concrete forwarded to you show a depth of the pool, then they have been altered.  I also have the original contract, which again has no depth listed.  I verbally told them I wanted a pool up to my collar bone or as they stated "4 foot deep".  I can think of no one of practical disposition who would agree to spending in excess of $74,000 for an inground 3 foot deep pool.

  5. Cover:  On 10/15/2021 I contacted an independent pool service company and ordered a cover.  This will take some time to come in, but I felt I needed to proceed with a cover as the weather was changing.  He will winterize the pool, which will probably not go well as the pump does not work and hasn't since 09/21/2021.  *** ******* was here at the pool and could not get the pump started.

  
  

  I have tried to give them more than enough time to fix all of the issues and as the timelines above indicate they took their time in answering any issues I had, but the one issue I cannot resolve is an inground 3 foot pool, which I feel as the experts should have questioned at some point during the construction.  I put my faith in their expertise and time and again it has been proved to me that their expertise was extremely limited.  I do not know how it could be done, but here again I am not a  pool construction person.  They have stated flat out right that they cannot fix the missing 1 foot of depth to the pool, but I contracted for a 4foot deep inground pool and that is what I feel I am entitled to.  I have been made to feel that I am the one in error, but I truly feel ***** Landscaping & Concrete have failed in their contracted promise to me.

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

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