ComplaintsforCistone’s Excavating Services, LLC

• Initial Complaint

  01/28/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  Cistone's Excavating Services, LLC agreed to cut down dead trees, grind stumps, grade the area, and prepare a shed base (evidence docs are attached). The company tried to resolve problems by applying "bandaid" solutions that did not work. It soon became apparent that **** did not know how to do the work. The job was not completed as promised and was literally botched. Since he did not know how to complete the job in the first place, he was unable/unwilling to provide a feasible solution after the job was botched. The relief sought is $2773.50. Evidence documents are attached.

  Business response

  03/09/2023

  [BBB transcription via phone call]

   

  The business stated the job was to remove dead trees, stump grind, clear out the area and brush in back of the property, cut up and stack the wood in the Southeast corner of the property and add lime stone for the shed base. Job was completed as contracted. All stacked wood was moved by hand, there was no size preference contracted or agreed upon. All of the consumers stumps were grounded where work was completed. Consumer walked the property and agreed everything looked good. There were some stumps buried under the ground, however the business was not contracted to grind any stumps they were unaware of or did not cut down. The business was not contracted to dig underground to find previously existing stumps. 

  The consumer had called the business back due to trees falling after a windstorm. The trees that had fell were not apart of the consumers yard and had fallen from other properties. The consumer agreed the trees were not theirs and even offered to pay the business to do the extra work, however as a goodwill for the consumer the business did not charge and removed them. This was never part of the contracted agreement or scope of work. The business did leave the live trees standing as they were not allowed to touch trees that were on other properties. 

  The business stated the consumer said the shed work quote was too expensive and would have someone else do the work, however ended up paying the business instead to complete the work on an agreed amount. The business prepared the base for the shed as contracted. Consumer wanted the business to throw rock down, however the business had to dig down to virgin ground for a level, solid and secure base. The consumer complained it was too low and the timbers (4x4s) were ruined however this was after the business had completed the work and another company installed the shed and removed it multiple times. The damage was due to the other company driving on the timber to place the shed. The consumer requested the timber be used where they were to have a ramp. The business advised against it, but the customer insisted so the business completed the work as requested. They were later called back out to remove it. The business has came out to the consumer's property multiple times, done extra work as a courtesy and has gone above and beyond to make the consumer happy. The business has completed all contracted work correctly.  

   

  Customer response

  03/14/2023

   I am rejecting this response because:
  
  March 14, 2023 

  My responses are within the document received from the company. Several are in parenthesis.

  
  The business stated the job was to remove dead trees, stump grind (No stump-grinding took place. When I **** stumps that were still in the ground, he told me he did not bring his stump grinder that day. Stumps remined until I hired another company to remove them. His response is a gross misrepresentation.), clear out the area and brush in back of the property, cut up and stack the wood in the Southeast corner of the property and add lime stone for the shed base. Job was completed as contracted(Inaccurate) . All stacked wood was moved by hand, there was no size preference contracted or agreed upon (There was a verbal agreement that he would cut the wood to fit my fireplace which was 18 inches in length.) All of the consumers stumps were grounded (No stump grinding took place.) where work was completed. Consumer walked the property and agreed everything looked good. There were some stumps buried under the ground, however the business was not contracted to grind any stumps they were unaware of or did not cut down. The business was not contracted to dig underground to find previously existing stumps (Stumps to which I referred were ones left behind after **** pushed down trees. There were no underground stumps prior to his starting the job). 
  The consumer had called the business back due to trees falling after a windstorm. The trees that had fell were not apart of the consumers yard and had fallen from other properties (Not true. I called **** back because the trees that fell were ones that he missed in the first place). The consumer agreed the trees were not theirs and even offered to pay the business to do the extra work (Absolutely not true), however as a goodwill for the consumer the business did not charge and removed them (The business had no right to expect payment for work missed when originally doing the job). This was part of the contracted agreement or scope of work. The business did leave the live trees standing as they were not allowed to touch trees that were on other properties. (I asked the business to leave all live trees standing. I never asked them to cut tress on anyone else's property).

  
  The business stated the consumer said the shed work quote was too expensive and would have someone else do the work, however ended up paying the business instead to complete the work on an agreed amount (The business agreed to build a shed base for $800 which was a little less that a previous quote. I had no idea the business had never built a shed base and did not know how to complete the work. As a result, **** dug a huge hole that was 4 – 6 feet in depth. At the first rain, my shed was setting in water. I called him several times before I could get a response. He came and tried to dig a trench with a shovel. Water still stood, so he came back and dug a trench with a machine. The trench extended onto someone else’s property. To date, there is a ditch on my property dug by **** and the water still does not drain. I insisted that the shed needed to be moved because it was setting in a hole and surrounded by water (See previous pictures) I asked if he would assist with financing moving the shed. As we both looked down in the hole, his response was, “Your shed is not in a hole”. He would not help. The business prepared the base for the shed as contracted. The shed base was incorrectly prepared. He admitted in a previous response that he had to call the shed company to find out how to prepare the shed base. Based on the name he provided, he spoke to a salesperson. The company sub-contracts work such as preparing shed bases and moving/hauling sheds. It is likely he was given incorrect instructions). Consumer wanted the business to throw rock down, however the business had to dig down to virgin ground for a level, solid and secure base (Throwing down rock was never a part of any conversation had. This company is very creative with its language). The consumer complained it was too low and the timbers (4x4s) were ruined however this was after the business had completed the work and another company installed the shed and removed it multiple times The damage was due to the other company driving on the timber to place the shed. (The timbers were not installed correctly in the first place. The person who moved my shed is a professional at his job and did no damage to timbers.)

  
  The shed was not moved multiple times. (This is not true. I paid to have it moved out of the hole and onto another area in my yard in which a shed base was prepared properly.) The consumer requested the timber be used where they were to have a ramp. The business advised against it, but the customer insisted so the business completed the work as requested. (He cut off a piece of one of the timbers due to the ramp not fitting. The hole in which the shed sat was too deep and the ramp was resting at least 1 foot beneath the door. The ramp was purchased at the same time as the shed and measurements were accurate. There should have been no problem with the ramp aligning the entrance of the shed.) They were later called back out to remove it. (No. The company is being creative again. That claim in absolutely not true.) The business has came out to the consumer's property multiple times, done extra work as a courtesy and has gone above and beyond to make the consumer happy. (I don’t understand why the word "courtesy" is even used when I was simply asking the company to correct work that was incorrectly done in the first place. No work was done as a courtesy). The business has completed all contracted work correctly. (The business has not completed work correctly or as contracted.)

  
  I am appalled that the business has made several misrepresentations/distortions and is offering nothing to resolve this situation. The case has not been resolved satisfactorily. If permissible by the Better Business Bureau, I will wait for 10 days from the date of this communication for an offer from the business. I have exhausted all efforts to avoid taking this matter to court. If I do not get a response, I am prepared to take legal action. The state of my yard, where a gaping hole and a ditch with water still exist, speaks for itself. This is even after I purchased and had 12 yards of topsoil install to try and fill the hole.

  Note: The attached pictures were captured on March 11, 2023. 

   

   

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