Need to file a complaint?
BBB is here to help. We'll guide you through the process.
Complaint Details
Note that complaint text that is displayed might not represent all complaints filed with BBB. See details.
Initial Complaint
08/31/2021
- Complaint Type:
- Service or Repair Issues
- Status:
- Answered
My HOA hired a contractor to landscape our association. The landscaper damaged my foundation wall by piling mulch up and above the siding. I paid another contractor $3,400 to fix the wall and install a retaining wall. The HOA board rejected my claim, as did the insurance companies. I then took my complaint to small claims court and lost. Along the way, I was told (by lawyers, insurance agents, and board members), I should have sued the landscaper instead of the HOA. I contacted Lamphears many times, I was told they would come out to assess the situation but never did. This spring, the landscaper again piled the mulch up and above the siding despite the new retaining wall. I sent an email to Lamphears on 4/7/21 asking them to remove the excess mulch but never received a response. The contract states "Contractor accepts responsibility to repair any physical damage to your site caused by contractor during performance of work covered by this agreement". The contract was signed on 3-15-18.
Business response
09/24/2021
The business was instructed by the HOA to spread 2 inches of mulch. The mulch itself would not have caused the amount of damage alleged by the consumer. The business is not responsible for beds that are installed incorrectly by a third-party or a negative grade of the beds.
The business will be contacting the HOA regarding this matter.
Customer response
09/30/2021
1) The current Service Agreement between Serenity Hollow Cluster HOA and Lamphear's
dated 3-21-2018 states, “Provide and install enhanced mulch on all existing mulch beds approved by board to ensure 1.5 to 2 inches of coverage.” Instead, mulch was installed at up to 5 times that amount. I have pictures of a yardstick standing up in the mulch to prove it and pictures of mulch covering 13 of the glass-block window. Also, the person who planted all the perennials, and shrubs can verify this claim. Lamphear's does not remove old mulch before installing new mulch. Recently, the HOA approached Lamphear's to discuss removing old mulch before the installation of new mulch. In a Facebook post dated 4-24-2018, Lamphear's boasted, “Spring has sprung and mulch is flowing. Check out the Terrain Pro in action last week. The maintenance division put down 1700 yards of mulch in just 2 weeks."
2) By removing the mulch that was up and over the sill plate and windowsill, the problem
has been solved. The retaining wall ensures that. The grade has not been changed. There is no new damage to the exterior foundation wall. There is no new damage to the interior basement wall. There is no longer black mold on the basement wall. There are no longer chipmunks living in the wall.
3) The Service Agreement also reads, "Contractor shall provide all materials, labor, and
supervision necessary for the completion of Landscape Maintenance and Snow Management. We agree that we have a common interest in preventing any misunderstandings or differences that may arise between contractor and owner from becoming claims against one another. With the intent of avoiding this, we agree that we
shall make good faith efforts to identify in advance and discuss potential causes or disputes." In my case, during a phone call to General Manager Kevin M***, Mr. M*** denied responsibility and said he would look at the situation "in a few days." He never showed up. On 4-7-2021, I sent an email with a picture requesting they remove excess mulch up and over the siding again, but never received a response.
4) I have documentation pertaining to this complaint, including pictures, phone records,
emails, articles, estimates, and receipts. They are available upon request.
5) I am not demanding payment for the material, and labor involved in repairing damage to
the interior of the home at this time. I only ask to be reimbursed for the money spent to fix the damage done to the exterior foundation wall and installation of the retaining wall to avert any new damage in the amount of $3,400.
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. ↩
BBB Business Profiles may not be reproduced for sales or promotional purposes.
BBB Business Profiles are provided solely to assist you in exercising your own best judgment. BBB asks third parties who publish complaints, reviews and/or responses on this website to affirm that the information provided is accurate. However, BBB does not verify the accuracy of information provided by third parties, and does not guarantee the accuracy of any information in Business Profiles.
When considering complaint information, please take into account the company's size and volume of transactions, and understand that the nature of complaints and a firm's responses to them are often more important than the number of complaints.
BBB Business Profiles generally cover a three-year reporting period. BBB Business Profiles are subject to change at any time. If you choose to do business with this business, please let the business know that you contacted BBB for a BBB Business Profile.
As a matter of policy, BBB does not endorse any product, service or business. Businesses are under no obligation to seek BBB accreditation, and some businesses are not accredited because they have not sought BBB accreditation.
Customer Reviews are not used in the calculation of BBB Rating
Customer Complaints Summary
1 total complaints in the last 3 years.
0 complaints closed in the last 12 months.