ComplaintsforTodd Downey Excavating

• Initial Complaint

  03/15/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  1 July 2023 Todd began work on placing a driveway on a bit of hayfield I own. Top soil should have been removed and stone laid down on the clay, otherwise the topsoil will slide when it rains when a vehicle is on it. The route he used goes up a very steep part of the field whereas I wanted it to angle to switch back and forth. Its difficult to even walk up what he created, let alone drive up. My car can only make it 40 ft off the road before scraping stone. He dropped loads of stone on the field and drove over it, or pulled a dozer blade over it to flatten it down. The stone further up is very large. Big enough to cover the palm of your hand, or bigger. I paid him $15,000 to do this and i will have to pay someone else to complete the job. The last i remember him working on it was mid, to the end of July. I texted him September and October of last year to try to get reimbursed for incomplete work. His last text to me was the 1st of July.

  Business response

  04/08/2024

  *****

  In response to this complaint:

  The customer stated that topsoil should have been removed:  There was no topsoil; it is farmland on a steep hillside....NOT an ideal building site.  Had we removed any top dirt, the roadway would have been even steeper than it is.  As for  "the route" that was made to get to the site,  it was the path that the customer designated and he marked with colored ribbons....I simply followed his ribbons.  Obviously his 2 wheel drive car won't make it up as the road, as it is not completed with the top stone; which he DID NOT want.  Yes, the stone is very large, that is because it is a base stone...not meant to be the final finish surface.   Parts of the job that he did not mention that have been completed are: excavation of the hillside/of the road edge for the access point, which included drainage ditches on both sides and also the installation of a culvert.  Ninety-nine percent of the job has been completed.  The only thing needed is the top layer...the finish layer.  Again, he said not to continue with any further work.  This WAS figured into the price, at $800 for two tri-axle loads of top stone, so I will reimburse him $800, plus $300 for machine time.  Our refund will be $1100.00.    He told me that he could not currently get the funding for the septic system and cabin that he was wanting to put on the hillside; therefore, he is looking to get his money back since he can't complete the building of the cabin.  I have been in business for over 30 years, I do not advertise, so as you can see I am a very trustworthy businessman, as my business has been going strong simply by word of mouth.  If this customer wishes to slander me and my reputation, I will file suit.  

  Also, the customer never mentioned that was not happy with the stone; this letter was the first I've heard of it.  He simply said he had to put a stop to all work due to funding. "My financial advisor told me it's not a good time to invest in this project"   Also, it's the responsibility of the landowner to ensure his property is safe for people to be working on it.  His negligence in leaving rusty barbed wire laying all over caused me to trip and fall and receive a shoulder/neck injury that I've been seeking treatment for.  Perhaps the customer would like to discuss that.  

  In conclusion:  This road is on a very steep mountain side.   We will submit a check to the customer in the amount of $ 1,100.00 for the top stone and machine time.    

   

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