ComplaintsforEarthworks by Justin - Anything Dirt, LLC

• Initial Complaint

  03/26/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  ****** came to our property to give us pricing for putting in new roads, repairing our pond which was leaking & repairing an existing road that went from the pond area across a creek. The road repair was supposed to include repairing an existing creek crossing & digging a ditch to reroute runoff water. They came in $2500 higher than what we had budgeted but agreed to reduce the quote by $1000 for a total job price of $16,500. We agreed & signed the contract & gave an $8000 deposit. It took several weeks longer than we were told for them to start work. ****** would only work for 2/3 hours a day & 2/3 days a week. We were led to believe that they owned their own equipment. We were very patient & did not complain about the delays & short workdays. We also understood that we would be responsible for purchase of gravel but were led to believe that spreading the gravel was part of the project. When we asked when we should get the gravel delivered, they told us that spreading the gravel wasn’t included & wanted to charge us an additional $5800 to do so. Also, they told us that the rental track hoe was too large to repair the pond/creek road so we needed to pay for another piece of equipment. That was part of the original scope, so it was their responsibility to ensure they had the right equipment on the job. Ultimately ****** agreed that he was responsible for the additional equipment & we gave a third payout all moneys totaling $15,500. We had them scheduled to dig some utility trenches in addition to the original contract. They stopped work & 3 days later informed us that we would have to pay $1500 for the additional machine. Since they were dishonest about the original scope of work & trying to charge us extra & became quite combative when we questioned, we decided it was best to get them off our property. They pressured us to pay in full but the pond road was never touched & final grading wasn’t completed on the new roads & pond and the pond appears to still be leaking

  Business response

  03/27/2022

  Regarding the original contract and communications:  The original contract does not address a crossing over the creek. It addresses the road going down from the pond. It also does not include gravel or gravel work. The road and our price not including gravel were discussed via text between myself and *** before we issued a contract.

  We brought in an excavator and a dozer as agreed. The excavator brought in was the appropriate size to move the trees, fix the pond, and do the entry and the dozer was appropriate size to cut the roads and do smoothing/finishing work on the entry etc. Please see the original contract attached. Especially page 2, which states "In the event materials or equipment other than that agreed to in this contract are required, Earthworks and property owner shall agree on a cost adjustment". 

  The first excavator brought in did have mechanical issues. A field mechanic came to fix it and assured us it was fixed. The next working day ****** began work with it and an hour into work it was down again. We had it hauled out and another excavator, still of appropriate size to do the original contract work, was brought in. ****** worked about 4 hours a day on site (driving 1.5 hours each way) without taking a lunch or any breaks. Most contractors take an hour lunch and have two fifteen minute breaks. This levels out to 5.5 "hours" of a work day into 4 hours. 

  ****** cut the roads and built the entry to the property as specified. He fixed the pond and put in an outflow pipe. Upon requesting the progress payment when finishing the pond and completing one creek crossing of the amendment, this was when *** approached us about the other creek crossing being included in the original contract. They held $1,000 payment plus the $950 amendment price. When we discussed it with them, it was obvious there had been confusion. So the next day I went to meet with them to try to figure out a plan. 

  ***** stated she did not read the email I had sent her before signing the amendments of work. The amendments included two creek crossings ($950), digging electrical trench ($700) and digging water line trench ($800). It was not until we stated that the trackhoe brought in for the original work would not fit into the creek bed to fix the creek crossings, and stated we would have to being in another machine at the cost of $1550, that there was a problem.  The ****'s added work, which is fine, but did not want to pay for the appropriate sized machine to be brought in to do said work.  Again, note in the original contract that it states that the property owner will and Earthworks will agree on costs for extra equipment. 

  We do not see how there was confusion on the creek crossings not being part of the original work, since they were not discussed ahead of time and not in the original contract. Please see the screenshot email where it says "swapping out the road for the creek crossing" and the Amendment file attached that the ****'s signed for the work of 2 creek crossings.  

  If they really felt the creek crossing was part of the original contract, why would they sign an amendment stating it as extra work and agree to pay additional monies for it?

  We sent a termination of contract as a courtesy. Had they signed it they would not be held to the original contract for any additional funds via signed contracts. 

  We feel we were extremely flexible and accommodating in bidding extra work at very inexpensive prices to do while we were already there, so that we could build a working relationship with the ****'s. In turn, as a result of them not reading the original contract, the email communications, and the amendments they signed - they are coming after us because we wouldn't absorb the cost of the extra excavator to be brought in to do work they agreed to in the amendment, after the original contract work. We tried to provide them options instead of just bringing in the extra machine and sticking them with a surprising bill at the end of the work. They requested we move off the property - we did not leave them high and dry. It was their choice to send us out and find another excavation contractor instead of trying to work out a solution with us. I had expressed while on the phone with *** "you guys think about it, decide what you want to do, and reach back out when you're ready."  Our equipment sat waiting on them for two working days before they emailed us to get it moved off the property. Those two working days could have been spent somewhere else, and we didn't charge them for that either. 

  We are not agreeable to refunding money for all of the work that was completed on the property. We hate that we ended in a place where there was confusion between parties. However, Earthworks stands in defense of the original contract and the pricing email that plainly states swapping the road for one creek crossing and adding another, and the signed amendment to do both creek crossings IN ADDITION to the original contractual work. The property owners didn't read the contract fully, and signed amendments then went back on it. 

  I have much more documentation I would like to add, but I have met the limit of files. Please contact at **************************** to gather other documents. 

  Customer response

  03/28/2022

  Complaint: ********
  
  I am rejecting this response because:1.     You brought in the wrong equipment for the job which included the pond road going down into the valley. On 2/1 you said you were bringing in an excavator but that it was stopping off to be serviced. Then when you came out on 2/10 ****** told you to order a track hoe (see attached).
  2.     We added work that did NOT require additional equipment. On 3/15 ******, after becoming irate and cursing, agreed that he had made a mistake and was just going to have to eat the cost to bring in the right equipment for the pond road going down into the valley.
  3.     You were deceptive to add a line in an email about the cost of additional work saying that we were swapping out the pond road for a creek crossing when that discussion unequivocally never happened. I was reviewing that email for costs not changes and your text telling me sent the costs never mentioned a change (see attached).
  4.     And the amendment was to re-route water at one creek crossing and fix the small creek crossing. It says nothing about swapping out the road.
  5.     As for the rock – we never asked you to supply rock but ****** told us that spreading it was included in the cutting in of the roads (we assumed that’s why your pricing was so high on the original contract). When discussing it you then wanted to charge us an additional $5,800 (see attached).
  6.     When ****** would show up to work, he absolutely did not work more than 3 hours at a time. You are located in Diamond which is only 55 min away not an hour and a half.
  7.     We over paid you and you owe us for overpayment of pond, incomplete work and partial payment of road you did not do. (see attached detailed cost breakdown).
  8.     As for us causing you to lose work time because your equipment sat for 2 days waiting on us...is false. You asked for a final payment on the 3/15 and we said no because you were not done. We did however, give you another progress payment because we trusted you would complete the work. Again, after ******’s burst of anger he agreed that he had made the error and would need to bring in the equipment to complete the job and eat the cost. Then you came out the next day, 3/16, to discuss. I reached out that evening about the electrical trench and did not hear from you until the next morning after I reached out again and you said ****** was out of town…Then we did not hear from you again until Friday evening 3/18 at 6:38pm at which time we called you about the additional charge mentioned in your email. You became combative and said if we didn’t like it, we didn’t have to use you for any additional work.
  9.     Because you had asked for final payment on the 3/15 for an incomplete job and ******’s outburst and you trying to charge us additional money for his mistake, the trust was lost, and we felt it was better to sever the relationship and sent communication on 3/19 at 5:08pm at which time we also asked you to please have your equipment removed from our property by Tuesday the 22nd by EOD so any work lost is on you. (see attached).
  10.  Because you and ****** have been so deceptive you have not only cost us time and money but also grief and stress because we now have to find someone to come in and finish what you didn’t. You have been deceptive with your pricing, with your work and even in your advertising. How has ****** been in business for 30 years when he’s only 40?
  11.  Finally, we did not sign the termination contract, 1. Because we don’t have to and 2. Because it says you contracted with Shadow Bluffs which is false. You contracted with *** and I individually not ****** *******

  Unfortunately, limited on attachments so not all included!

  Estimate Contract Road breakout from Pond  Paid  Owed to Us Notes
   $          6,500  $          6,500  $           2,167  $           217  $             217 Road from Pond through creek not done at all
   $           4,333  $        4,333  $             500 Pond unfinished
   $          5,500  $          5,500  $           5,500  $        5,500  $             500 Entrance road unfinished
   $          2,000  $          2,000  $           2,000  $        2,000 RV Center Road
   $          3,500  $          3,500  $           2,500  $        2,500 RV Circle Road
   $         (1,000) Contract came in 1k lower so deducting to get a true account of costs
   $        17,500  $        16,500  $         16,500
   $             950  $              950  $           950  $             475 Amendment for small creek & re-route creek water unfinished
   Totals  $        17,450  $         17,450  $      15,500  $          1,692
  
  
  
  
  
  
  
  Sincerely,
  
  ***** And ****** ****

  Business response

  03/29/2022

  We were not deceitful.  We have a standard contract, that all customers read and have a choice to sign. I understand there is a discrepancy in what you believe was in the original contract. I am not sure how, given all of the written communication, but I know it does happen sometimes. 

  I communicated the swap out clearly in an email that led up to sending amendments. The amendments were then signed the next day without questions. There was plenty of time to read and re-read the communications. 

  We didn't say Earthworks was 30 years old. ****** HAS 30 years experience. There is indeed a framed letter addressing him as a ten year old on a dozer on a work site. Experience and knowledge are different than time in business. 

  I will also no longer respond to personal attacks.  Use of the words "combative" and "deceit" are not necessary.  The original contract does not list the creek crossings. The customers signed a separate amendment to pay for the creek crossings, again, after an email communication that part of that was also swapping out for the original road. 

  We are not issuing a refund for the work that was completed. The roads were all cut in, and the pond got fixed and finished.

  Again, I would like to state we will no longer to respond to personal attacks on myself or ******. 

  Customer response

  03/30/2022

  Complaint: ********
  
  I am rejecting this response because:
  This is getting exasperating so to sum this up in layman’s terms: The second time ****** walked the property with Dan, he (that being ******), realized that he (******), had made a mistake with the equipment that he chose, as the professional, to bring out to our property for the job on the original contract. Then, you not wanting to have to pay for additional equipment, started scheming about how you could charge us for it instead of doing the right thing and bringing out the correct equipment for the job you bid.
  
  You texted me on me on 3/11 regarding the costs for the additional work, work that we kindly offered you to help build your business. The text read and I quote, “I sent you the numbers all in an email just now. You guys can take a look and let me know what you think. ****** came down some, we just really want to help you guys get up and running. Happy snowy Friday!”
  
  That text did not mention anything about a change nor did any discussion prior to that text or email. You didn’t mention a change in the text because you knew I would catch it and because you absolutely 100% knew that we would stop and say “NO”, we did not make a change. The supposed change you mention was hidden in the email and you know it. It was one little line mixed into a much larger email. All other additions and discussions had occurred via text or contract so I should have paused at the fact that you were now sending numbers in an email but we wanted to trust you so I just glanced at the numbers to make sure they were what we had discussed. Also, to state again, the amendment we signed did not mention anything about a change. It was only when ****** blew up on the 15th that you told us that you had added that line to the email. *******, you absolutely 100% knew that you were being deceptive to try and get out of having to pay for ******’s mistake in the bidding of the original contract.
  
  To reiterate, I quickly reviewed that email to make sure the numbers were correct. There was no need for a deep reading of it because your text said you sent ‘the numbers’ and also because at this point (though we were getting skeptical because of the rock spreading and other issues) we were still trusting you and the only thing that was ever discussed was the additional work, not changing the work.
  
  You do owe us a refund of $1,692 and that is being conservative because you didn’t do part of the work and you didn’t complete the rest of the work. You stopped work on the 15th and actually, ****** only worked 2 hours at best on that day and said you were finished and wanted the remainder of payment. Luckily, we only gave you an additional draw because, as we discussed, you still had work to do. You and ****** chose for him not to work for the next 3 days and then on the 18th when you wanted to charge us an additional $1,550 for a mistake on equipment that ****** made, all trust had been broken, so we made the decision to sever the relationship and communicated this to you via email on the 19th.   
  
  
  Sincerely,
  
  ***** And ****** ****

• Initial Complaint

  03/14/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  We are experiencing a very negative experience with Earthworks by Justin. We contracted with him to deliver clean topsoil and backfill along both sides of our driveway. We discussed that we wanted clean topsoil both verbally and in writing via text messages. The dirt that ****** delivered is full of large and small rocks which we are currently in the process of trying to clean out. When ****** spread the dirt he said he was unable to complete spreading on one side due to the dirt being too wet. He promised to return in a few days to complete the work. This was November 23, 2021. It is now March 2022, and he still has not returned to finish the job. We have initiated constant inquiries as to when he will be able to complete this job. We have been promised numerous times and given numerous dates that he would be here, but he never shows up, nor does he make contact to let us know he won’t be here or to reschedule. In fact, no communication has initiated from them since we first contracted with them. They respond to our attempts to communicate with repeated promises to return and repeated excuses for not coming back to complete the job. Unfortunately, we took ****** at his word and paid him in full ($3,800) in November when he promised to return to complete the job in a few days. We have been contacted by some other customers of Justin’s who are experiencing similar issues with this company. We are beyond frustrated and would just like to get this job completed as soon as possible. ****** ****** ******* ***** *******

  Business response

  03/14/2022

  ****** did have the dirt delivered and spread per the contract. 

  **** did not ask for screened top soil, so we had regular top soil delivered. It normally does come with a few rocks etc. It all DID get backfilled - this is what the contract states. He had stated he could come back and blade it down with the tractor and box blade, which is completely different. This is done as a courtesy, not part of the contract (attached). We tried to schedule with **** to come back to blade the dirt, and then winter hit. It has been either too frozen or too wet to go back to blade down. I Just corresponded with **** THIS MORNING. Please see the attached contract (all of the work on the contract has been fulfilled) and see the text correspondences attached between **** and myself. I have stated to **** that the blading was not part of the contract and is a coutesy.

  We feel he is demanding a finishing touch that is a courtesy simply when the ground is too frozen (causing large chunks to come up) or too wet (makes a bigger muddy mess, essentially making it worse).

  As far as other customers, I feel this is irrelevant. We have many satisfied customers with completed contracts. Box blading the dirt was NOT in the contract. It is simply a courtesy. Which again, we corresponded on just today. 

  I would like to re-state, the contractual obligations have been completed.

  Customer response

  03/14/2022

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

  This is not a completed job as promised. ****** completed one side of the driveway as discussed. The other side he said he was not able to complete due to the dirt being too wet and he promised to return to complete the work. Since then, he has repeatedly promised to return to COMPLETE the job, but he never shows up when he says he will. This is not something we can complete ourselves without hiring someone else and it cannot be left as it is. This is not a courtesy. It is completing a job as promised. We did initiate a phone call again this morning since we have not heard from the company to reschedule. We just want the job finished.
  
  
  
  Sincerely,
  
  ****** *******

  Business response

  03/15/2022

  We have never said we wouldn't come blade it and we've never cut off correspondence with the customer.  We simply refuse to go in when the ground conditions would cause use to make a bigger mess in the yard with the tractor tires etc that we would then have to come in and cleanup. Again, I just corresponded with the customer yesterday about being able to possibly do it this week, but that's as far as we got before I got the notification that he filed a complaint with the BBB.  You either get to have the contractor come blade the dirt WHICH IS A COURTESY (not on the contract) OR you can file a formal complaint...

  Still willing to blade it when the conditions are appropriate

  Customer response

  03/16/2022

  Complaint: ********
  
  I am rejecting this response because:
  
  We still do not have a firm date/time in writing that the business will return to complete the work as promised. We have had multiple promises to return with no one ever showing up or calling to reschedule.

  What we will accept is a firm date/time in writing when we can expect to have the work completed. 

  The weather is currently perfect for working the dirt. We have been outside cleaning out rocks, etc. this week ourselves. Tomorrow looks equally beautiful.

  Again, we are not asking for anything extra. All we have ever requested is for the work on both sides  of the driveway to be completed in the same manner. Currently one side is acceptable and the other is not, as we have frequently discussed with the business. I can not imagine that anyone who has been in this business for 30 years would be satisfied leaving this job as is.
  

  As far as the quality of the dirt goes, I DID request clean topsoil both verbally and in writing via text message dated Tuesday, 11/09/2021 at 2:32 pm, but I am not pressing this. I would just like to get the dirt where I can get it ready for grass seed.

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

• Initial Complaint

  02/07/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  The original date was 22 December 2021 it was a contractual agreement on a couple acre Pond build. The business Earthworks by ****** came out and ****** and I walked the property and discussed the Pond build, size and design. A couple days later I received the bid if $14500, I negotia*** the Price to 13,300 a day later received the contract and it was signed. ****** came out I believe the week after Christmas to start. I paid $6000 as soon as the equipment was dropped off at my property per the contract. ****** was only working a couple hours each trip so I star*** becoming concerned about the completion. About 2 weeks into the Pond build Earthworks by ****** asked for a Progress payment of $2500, which I paid even though this wasn't a contract agreement. I found it odd they would ask for money before the project completion. I began asking more questions of why ****** was only showing up 2 hours at a time. It didn't make sense to me to drive 1.5 hours one way to only work 2 hours. Nonetheless the contract didn't specify a time line so I just asked questions. When Earthworks by ****** star*** asking me a good date for trucks to pickup equipment I became increasingly concerned. I then called them too discuss why they are talking about pickup dates when they aren't even close in my opinion of being comple*** with the Pond. I then did a GPS walk around of the pond and it was only a little over 1 acre of Pond dig. The contract agreement was a couple acres Pond. When I discussed this with ****** he said he didn't bid a 2 acre Pond and stopped work. A couple days later he had trucks out and loaded his equipment. I do believe they are very misleading on the website and in person as well. They claim to have 30 years experience. But ****** is 40. So its hard to believe he was building ponds at the age of 10. I am looking for a refund or at a minimum my 2500 Progress payment or he can come back and finish the Job per the agreement. Thank you for any assistance. ************

  Business response

  02/08/2022

  Regarding pond size and price:  After negotiating the price with ***, we agreed on a contractual price of $13,300 which included a military discount, after his asking.  The agreed on size of the pond was ON SITE agreed on by ****** and *** during them walking the property. Note that the attached contract says "size agreed on by ****** and ***".  In only one text exchange PRIOR to the contract *** said he "guess the area would be a pond almost a couple acres".  He also told ****** during the job he knew it was about an acre and a half, it just "looked small from the house".  *** signed the contract before we moved equipment in. If he was uncomfortable with any of it, or if he wan*** to state a size 2 acres or larger, he could have and should have asked for that to be changed before signing.  The pond size is what it is now based on the on site estimate walk around both men did together. 

  Regarding progress payment:  We did ask for a progress payment during the progress of the pond.  The down payment covered expenses of having semi trucks move in two large pieces of equipment. The progress payment was to help with the cost of pipe during the job.  *** paid only $8500 of the $13,300 contract price. This is a normal practice in our line of work. 

  Regarding work days and contractual agreement:  I changed the contract to ***'s liking before he signed it. It was a few changes he'd requested to make sure we included taking out trees. So the pond is now 1.5 acres, the dams are finished, and we put in not one, but two overflow pipes, and re rou*** the new creek as he requested.  These items were specific to ***'s requests when I wrote the contract.  When *** texted with questions, we promptly responded and had a 30 minute phone conversation. ****** worked every day the weather permit***, except on the days he had to drive an hour the other direction to get the appropriate pipe for ***'s job. There was no stipulations on what times of day or how long each day ****** would work on the pond. 3 weeks after *** signed the contract and work was in progress on the pond he sent me the photo (after me asking three times for it) of the GPS shooting. He told me he had a professional company come in and shoot the pond, which contradicts his complaint. The photo of what *** wanted that he sent us at this time, is another 50% larger than the pond is now. This larger 2 acre size was a size never agreed on.  *** signed the contract before we moved equipment in. If he was uncomfortable with any of it, or if he wanted to state a size 2 acres or larger, he could have and should have asked for that to be changed before signing.  The pond size is what it is now based on the on site estimate walk around both men did together. 

  He is now seeking a pond size that would cost roughly $20,000.  We would have, and did offer, to do the desired expansion at a discounted cost while we already had equipment there.  

  Regarding scheduling equipment move out:  The pond was nearing completion and we schedule with a heavy haul company to move our equipment. We have to make arrangements usually a week or 2 in advance to get on their schedule. Sometimes we have to change those dates once scheduled, but this avoids equipment lingering on someone's property after we finish a job. And allows us to begin the next job in a timely manner.

  Regarding moving out and stopping work:  On January 29th, *** came down to the pond while ****** was installing the final pipes.  He clearly stated he would not pay another dime until we expanded the pond, even if we finished the agreed on size. ****** expressed again that we did not bid the pond that large and *** stated he would not be paying us.  So ****** said "Then we are finished here".  He started to move the equipment to the front of the property where we would then have the trucks pick it up days after.  *** told ****** we would not be moving off of the property. When ****** went to move the equipment, *** then threatened me saying he wouldn't pay and he was going to sue us and auction off our equipment.  At this point I was trying to just get in the truck. He told me we would "not be leaving the property".  I locked the truck door and called the sheriffs department, and expressed that the landowner had threatened to not let us off the property.  He wan*** also for us to leave thousands of dollars in extra pipe there, and him and ****** had words over that.  We did manage to get the pipe loaded and both pieces of heavy equipment moved, and we got off the property.  I called the sheriff's office back once we were off the property and told them we were fine and did not need them out at that time.

  Resolution:  There is much more than $8500 worth of work at ***'s pond. It is 1.5 acres. We will not expand the pond. We are seeking the remaining balance from *** ($4800) because the pond is finished with all of the requirements and requests in the contract (I have attached the contract).  We will also not be going back to the property without a police escort, due to the threats of the homeowner, and then would only be to collect payment for the work that has been completed. I have also attached the contract termination that we sent *** following the events on January 29th.

   

  Earthworks by ****** reserves the right in our original contract to terminate.  We will not work for customers who threaten us, especially in multiple ways. 

  Customer response

  02/08/2022

  Complaint: 16738839
  
  
  I am rejecting this response because:It is inaccurate! First I have more than I day of communication about the size of the Pond. I even specified the 2 or a couple acres in a message before any contract was signed. I have those messages saved and will attach. I will also attach photos of the Pond size as it was shot by Able Construction and then walked by GPS and it is only 1.08 acres, not even close to the agreed 2 acres much less the 1.5 that Earthworks are saying they agreed on. Also I have attached photos of the supposedly finished smoothing of the banks that is in the contract as well. Speaking of the Dam piping. ****** DID not put in 2 pipes. He only put in one and took the other with him when they depar***. ****** placed the light blue pipe in the trench, I placed the grey pipe in the trench and had to cover it myself because we had alot of rain and 10-12 inches of snow fall coming in. So he did not finish the dam, I did! As for threatening talks, this is 100% fabrication. There was NO threats on my part whatsoever. ****** did ask if I plan on paying the remaining balance and I sta*** of course, as long as you are going to finish the agreed Pond size and he said he wasn't digging anymore. He then loaded up the pipe he had already unloaded for the dam and began leaving. ******* then for whatever reason told me how smart she was and she had a Masters degree. I sarcastically told her congratulations!! As for ******* calling the Sheriff's Office, to my knowledge or the Sheriff's department that is 100% fabrication. Feel free to contact Hickory County Sheriff's department. I did, and they have ZERO records of ******* calling much less calling back and saying all is good! At this point I do not want Earthworks by ****** back on my property! I am requesting a full refund. I also want to emphasize the website is very misleading. ****** does not have 30 years experience! Why would a company turn off reviews or comments on their FB web page! Because they know they are wrong and I have the pictures and messages and contract to prove it! This company needs a serious makeover! I would not recommend this company for anything!
  
  
  
  
  
  Sincerely,
  
  
  *** ****

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