ComplaintsforFelix Septic Service Co.

• Initial Complaint

  03/10/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  We had Felix Septic Systems finally come near the end of January to replace our failed leach field. We had started this project last June, but it was October before they came up with a plan. We had to have them pump the system out 4 or 5 times at a cost of about $400 each time before they finally came and did the work. We were told by Ryan B***** (their representative who came to our home and negotiated the contract) they would remove the old leach field and all the contaminated soil and dispose of it in some site approved for this by the EPA. However, this did not happen. They dug up the old leach field and left that and a pile of contaminated soil in my back yard. They also destroyed the front lawn by leaving a trail they created with dirt about 6" thick and 100 ft long. My front AND back yard are pretty much destroyed by the work they did. We refused to pay the balance until they came back to complete the work. They are now taking us to court and trying to put a lien on our home. DON'T USE FELIX. They also broke our grandsons swing set which is a year old and my husband paid about $1,200 for it. We asked if we needed to move the swing set before hand and Ryan B***** told us no. They also destroyed the new walkway we installed last summer from the cellar door to the pool (which is no where near the leach field. They said they would repair any damage they did, but they refused. We have many pictures of the yard from last year before they started and pictures from after they worked on the yard. It looks like the DMZ. We have a contract from them stating the property would look the same when they finished as when they started. This is not true. They are only interested in getting money, not in doing what they contracted to do. My husband offered to pay half of the balance and the other half when they completed the work, but they refused. They wanted all the money up front. At this point I don't trust that they will fix what they ruined correctly

  Business response

  03/21/2022

  Business Response /* (1000, 5, 2022/03/15) */ Ms. ********'s statement is fraught with misleading and disingenuous statements. Specifically, the first contact between Felix and the ********'s was October 6, 2021, not June of 2021. The ********'s contacted Felix as "water is bubbling out of " septic "cover". Between October 6, 2021, and the completion of the project on January 14, 2022, Ms. ******** had her septic tank pumped out twice, not "4 or 5 times", at a total cost of $557.22, not between $1,600.00 and $2,000.00. Furthermore, Ms. ********'s implication that Felix delayed or procrastinated beginning or completing her project, adding additional cost, is disingenuous. Two days after her initial contact on October 6, 2021, Felix and the ********'s were in contact regarding the replacement of their leach field. After negotiations, on November 2, 2021, Ms. ******** executed the contract allowing Felix to begin the initial work on the project. By November 10, 2021, Felix began the designing phase of the project, preforming a test pit and surveying the leach field area in preparation of the new septic design. On December 2, 2021, Felix email Mr. ********, "Click the link below to review the proposed septic design and to sign the Owner Certification form so that we can submit the septic design to the State." Ms. ******** signed the Owner Certification form on December 7, 2021. The State of New Hampshire issued the Approval for Construction on December 8, 2021. On December 8, 2021, the ********'s were put in line for their installation; anticipated date late January 2022. On January 10, 2022, Felix contacted Mr. ******** stating, " ..."DO you want to do this week? I had you on for near the end of January but I can move you to this week." The project began January 11, 2022, and Approval for Operation was issued on January 14, 2022. Ryan B***** never told the ********'s that Felix "would remove the old leach and all the contaminated soil and dispose of it in some site approved for this by the EPA." Ms. ********'s executed contract speaks for itself. Specifically, the contract states, "The existing leach system will be removed if it is in the same location as the proposed leach system." Additionally, the leach field plan approved by the ********'s and the State of New Hampshire states "Existing EDA (to be abandoned in place). Felix did remove the portion of the old leach system that was in the same location of the proposed leach system. Leach fields are not hazardous waste and do not go to an EPA approved disposal site. This statement by Ms. ******** is disingenuous and " made out of whole cloth". Regarding the current condition of the site, Ms. ********'s executed contract specifically states, "If winter conditions do not allow for the loaming and grading of the excavation area, the customer will hold $500.00 until Spring when it can be completed." Felix installs leach fields all winter. Due to frost and lack of material during the winter, all winter sites, including Ms. ********'s are finished (grading and loaming) in the spring. Felix allows the customer to hold $500.00 back from final payment until the site is graded and loamed in the spring. Regarding the swing set, Mr. ******** directed the dismantling and storage of the swing set. Mr. ******** did not complain of any damage to the swing during the process. Regarding the walkway, as there was snow on the ground and an in ground pool near the excavation area, prior to digging Felix's excavator operator inquired as to whether there were any concrete slabs under the snow that he had to be concerned with. He received a negative response. No one told him about the walkway. Notwithstanding language in the executed contract stating "Contractor will assume no liability for damages including, but not limited to walkways, driveways..." "Except in cases of negligent operation." , Felix did offer to repair the damaged. The executed contract does not state that "the property would look the same when they finished as when they started." It does however state, "The construction site will be restored to its natural state after the replacement is complete with no seed included. Loamed areas will be hand raked and seed ready." Ms. ********'s statements regarding payment are a misrepresentation of the facts and disingenuous. Unlike most septic companies that require 50% of the total cost prior to beginning work and the balance when the State of New Hampshire issues the Approval for Operation, and after Felix reduced the original price by $500.00, Felix required Ms. ******** to pay a $2,000.00 deposit on her $14,500.00 contract (less than 14%), with the balance due, less $500.00 for winter conditions, when Felix received the State of New Hampshire's Approval for Operation. The Approval for Operation was issued on January 14, 2022. Only after Felix asked for payment pursuant to the contract did the ********'s began complaining. Mr. ******** never offered to pay half of the balance. Consumer Response /* (3000, 7, 2022/03/16) */ (The consumer indicated he/she DID NOT accept the response from the business.) My statements are not disingenuous. The discussion between Ryan B*****, my husband and myself did address the old leach field and contaminated soil. My husband in fact not realizing the soil was contaminated suggested it be dumped in another area on our property to which Ryan B***** replied, the old leach field and contaminated soil had to be removed from the property and dumped in an area specified by the EPA. It is, however, sitting in a pile in my back yard. I have since read up on this and this is a source of dangerous bacteria such as but not limited to e-coli. Also it was never agreed that they would dump landfill all over my front lawn. 6" thick, 10 ft wide, 100 ft long. They destroyed it. The also dumped it in my front driveway. Its a mess. We are having a landscaper come today to quote us a price of restoring the front and back yard. I expect Felix Septic Systems to cover the cost. Additionally, Ryan B***** was asked if we should move the Swing Set and he replied "NO". They would not be anywhere near it. I have pictures of the yard before and after. I will attach Business Response /* (4000, 10, 2022/03/18) */ Approximately 33 ago **** T******* purchased Felix Septic Service from Mr. Leo Felix of Manchester, New Hampshire. At that time Felix consisted of 3 pump trucks and rented office space above a small garage on ****** Street, in **********, New Hampshire. Mr. T******* oversaw and managed what Felix is today; 13 pump trucks, 6 Vactor trucks, a pipe-lining business, 31 employees, 10,000 square feet of maintenance garage, and 2,000 square feet of office space all owned under the Felix brand. Mr. T******* did not grow Felix to what it is today by failing to deliver on all its promises. Over the past 33 years, Felix has installed thousands of leach fields in New Hampshire, leaving no customer unsatisfied. Every leach field installed, after frost sets in, is completed in the spring to the customers satisfaction. Every contract is fully negotiated, including Ms. ********'s, as evidenced by Felix agreeing to reduce its original price by $500.00 after negotiations with Mr. ********. Felix is not going to argue, back and forth, over the facts in this matter; that is for the Court to hear and determine. However, running the risk of repetition, "Leach fields are not hazardous waste and do not go to an EPA approved disposal site" (See original 03/16/2022, response to complaint). Ms. ******** is in breach of her contract. Felix has no contractual obligation to return to the property and incur further damages. Only after Ms. ******** fully cures said breach will Felix consider returning to the property and complete the project.

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