ComplaintsforDeep South Landscaping

• Initial Complaint

  11/13/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  He gave us an estimate in October 2022. After 11 start dates, he finally started. Completion dates were repeatedly pushed out. Wednesday, November 8 most of the work was completed. He made numerous decisions without us. In doing so, it changed the dynamics of the construction and will now require addtional work. Also due to these decisions and underestimating, he repeatedly kept asking for more money. We also learned he is not registered with SCLLR and did not apply for permits for the pool or retaining wall which is 8-10' tall. Now we are being fined by the Kershaw county government for his lack of details. SCLLR could not find him under his full name, address, or business name. He's a major conartist. We are left with a retaining wall that is not completed and very dangerous. He's left us with a huge liablity issue due to the height of the wall. He also left us with fines to deal with. I have talked to at least one other client who also fired him due to poor communications, lies, horrible work and taking the money and running. Please assist.

  Business response

  11/28/2023

  Mr and Mrs. **** contracted with Deep South to construct a pool and retaining wall.   Here are a few notes that need to be provided as background information.  When the first estimate was provided on July 1, 2020 there was an estimated quantity of block needed to construct the wall of 405 sq ft.  When Deep South was contacted to issue a new estimate in July of 2022, site conditions had changed in the backyard.  The new estimated quantity of block needed was increased to 675 sq ft of wall material. After a site visit, it was determined that my understanding of the wall construction area was different there than the location they were requesting.  Agreement was reached to proceed with the project in mid October of 2022.  When the job agreement was provided as uploaded it was estimated a sq ft of wall to be 635 sq ft.  It is also noted that additional blocks needed would be at a cost of $27.50 per sq ft.  It is also noted in the job agreement that "any Alterations from the above specifications involving extra cost of material or labor will be provided in a written change order and will become an extra charge over the sum mentioned".  There have been no additional change orders activated on this agreement.  Upon excavation of the area for the wall in mid May, it was determined that due to the original material used to back fill this lot, I assume when the house was built, we had to remove an additional 2' of bad material to get to a stable dirt to begin the foundation for the wall.   When asked why this is so deep, I explained that there was bad fill material, dirt, and we have to get to good dirt to start the foundation for the wall.  I also stated that this would take more wall blocks due to this, but do not know at this time how much more.  As we constructed the wall over the next several weeks to get the foundation in and prepare for the pool excavation we would get a better idea of the additional block needed.  We excavated for the pool and stood the pool walls and then proceeded to raise the wall height to the grade as needed.  There were 655 sq ft of wall block material installed and I met with Mr S**** on Aug 14 to go over with him the current status of the wall.  At this time, I informed him that an additional 288 sq ft of wall block would be needed and I would give them at cost of materials only install of $3720 to complete the height of the wall on the ends to needed elevation.  I was informed that they would have to talk about it and get back with me.  I informed him as well at this time that we needed to know as soon as possible. I was asked if I could take blocks from the ends to raise up the area needed for the pool deck.  I made the decision at that moment with Mr **** there that I would purchase an additional pallet at no cost to them to do this and we did. Deep South was informed on August 27, to just supply and install the amounts on the estimate and deliver the caps, not install.   We proceeded to work the pool install and had a manufacturing issue with the liner and had to stop filling the pool with water until this was resolved.  We had a new liner fabricated and this new liner was installed on October 30.  We delivered the wall caps that were needed for the linear footage of the wall and adhesive to attach them on October 30.  We were asked by Mr **** to just deliver and he would install or have them installed when the wall was completed.  We discussed again the amount to finish the wall, labor only and that cost was provided at $10 per block plus digging back out the foundation and he/ they would provide the block.  Since the concrete has been poured and grading completed on both ends of wall and also a French Drain below the wall that was damaged had been replaced, this labor cost is now much greater than the original offer that was made in August.  

  
  

  With the reference to repeatedly asking for more money. The original agreement amount was modified on April 19 for a time delay deduction of $100 per day with the understanding that she would not post any negative comments on social media about Deep South or Greg S****.  Mrs ***** made a negative social media post that appeared on November 13, 2023 and I have a copy of that post that was made.(Actually the time delay compensation agreement would now be void) There was 28 days of delay that I told them guys would be there and did not show.  There are always days when a projection will not have workers on site depending on the stage that project is at.  Mid September I told them that the final draw would be reduced by $3500 since there would be days where workers would not be present on site.  Draws were only requested at the stage they were due, Deposit, Excavation, concrete deck installed, and final draw when clean up and operation of pool equipment covered.  The deposit draw, and pool excavation draw were received in full close to time they were due.  The concrete deck installation draw was short paid by $3940 at their decision with no agreement by me.  This adds $3940 to the final draw that would be due upon completion of clean up.  Punch list request was made on October 26 so that any additional areas of concern could be addressed.  I again made a request for a punch list or items of attention to be provided on October 28.  There were items of repair notated back on September 18 and all of these were completed upon notification and additional items noted on September 21 of broken fence board and damaged french drain, both of which were replaced prior to September 28.   

  Upon our final in person meeting on November 8 that fit their schedule.  We proceeded to go over the project, how the wall caps would need to be installed, explaining operation of pool equipment and asking if there any additional issues of concern that needed to be addressed, there was none disclosed.  I proceeded to request the final draw that was due of $6751 which included the time delay deduction. I was informed that since there was not a permit pulled for the project and that they would be fined. I explained to let me know the amount of the fine and I would cover those costs.  I was also informed that a permit needed to be pulled for the wall.  Never heard of this in Kershaw County, but to my error, it is now required.  

  
  

  Business response

  12/07/2023

  Please reference the original estimate that was provided, please see that the quantity of the block  for the original wall estimate In July 2020 was 405 and the revised estimate provided on July 16,2023 was 675.  This is due to changes in the backyard slope from the original on site inspection in July 2020 and the current condition of the back yard on that date.  Yes, the price of the block and labor did increase however this is not an increase that is reflected in the revised estimate.  The additional block needed above the 635 to continue the length of the wall on both ends, when we discussed this on August 26 around 1:30, with my installer on site, both he and I attempted to make it clear, that the we would extend the wall on both ends for $3720, this was special pricing that was given at this time that would include both materials and labor.  This special pricing was also presented again so that I could try to make it clear that once the grading was prepped for the concrete to go around the pool and the wall was backfilled on both current ends, this would increase labor of undoing the progress to "temporarily" proceed would be much greater and that if it was decided to proceed at a later time, this pricing offered would not be able to be honored. On August 27, 7:49 pm.  I was told, funds were not available to make any financial changes and to just proceed and complete the project with original estimated materials.   That is what we did. 

  This entire need for additional block needed above the original estimate is due to the site conditions upon construction that required the additional depth of the leveling course to provide a stable segmental retaining wall that will last and the quality NEEDED for this site.  This was not overlooked or covered up during wall construction to just get the wall built.  Deep South was providing the necessary requirement to have a wall constructed that will last and provide the purpose it was installed for.  

  Vertical integrity of a segmental retaining wall is obtained by installation of a product called GEO GRID, this is installed in the wall construction at levels of 24" and 36" as necessary, with a back length to lengthens as the wall height continues.  The first level of the wall, known as the leveling course cells(Gray block) are filled with 57 stones and this continues on each course vertically as the wall is constructed.   A Geotextile material installed behind the wall has no bearing on vertical stability of the wall.

   During the final walk thru of the project on November 8,2023, I provided a labor cost at that time to add the additional block to the ends of the wall.  At this time, the concrete deck had been poured, the damaged french drain had been addressed with a new french drain was installed, the disturbed areas had been cleaned up and the fence panel had been securely reinstalled.  I provided the grass seed needed to cover these areas at the direction of Mr. ****.

  On August 27,2023 at 8:07 pm, I referenced that I stand behind my workmanship completely for a high quality product.  Deep South will address any valid concerns and be happy to address it with my crews.  I will not pay for someone else to come in and make repairs on a project that I have not been paid for in full or given the opportunity to address. 

  As far as the person that you reference that has issues, as I stated before, ask them to contact me so that I can address, or provide me their name and I will contact them as I mentioned before when you made reference to this, but I cannot address an issue or concern that I am not made aware of by the customer. 

  There are several voice conversations that are not documented, some I am being told that I don't recall and there are also some that the ****s do not recall, not having them in writing make both parties frustrated.  

  As far as the commit about outstanding judgements, please make sure before you cast judgement, make sure of all sides of the situation that lead to that.  Unfortunately, Deep South has had to record 9 judgements in the past against customers who have failed to make the financial payments as required.  Deep South was registered with the State of South Carolina in 2011 as an LLC, and Deep South started business in 1989.   Over the past 35 years Deep South has completed projects on many different sizes and of many different scopes of work for many different and repeat customers.  Deep South is a company that strives to produce a high quality project and as I am attempting to do, have customers pleased with their project they spend their hard earned money to fund.  Even the Chicken Fast Food restaurant that serves customers as "My Pleasure" has customers that don't feel like they got the solution that they wanted when there may be an issue with order or service.

  As stated above, Deep South stands behind all projects to be constructed with High Quality and to last, we will not construct a project in a method that will simply fail. We choose not to and will not attack anyone personally, verbally, via social media or other written platforms regardless of any discoveries or opinions others have passed on to us.  

  
  

  Deep South's proposal to resolve this matter, Upon receipt and cleared funds of the balance of the short paid draw on September 23, 2023 in the amount of $3,940, and placing the final balance due of the project in a neutral trust account. Deep South will then pay for any fines that have been incurred. Deep South will provide the LABOR ONLY to continue the length of the wall to curve to the back of the storage building on the right side and continue the length on the left side (trampoline side) the distance Mr and Mrs ****p have been told necessary. Mr and Mrs. **** will be required to provide all materials, retaining wall block, 57 stone, Geogrid, retaining wall caps, fill dirt, french drain pipe, and any additional materials that may be required. Upon review of any "valid" issues of wall construction, and the correction performed, then the final draw will be then released to Deep South on that day.   

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