Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. 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.

• Initial Complaint

  Date:01/09/2023

  Type:Service or Repair Issues
  Status:

  UnresolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I retained the services of Moriarty *********************************************** to excavate old asphalt from my driveway and install interlock stone. I provided clear instructions on the sloping of all areas including the front terrace (away from foundation), and the length of the driveway which abuts the property line with my neighbour (flush with their lawn). During the project, I repeated my priorities regarding property sloping away from the house foundation, and the need for the driveway to be flush with the neighbour's lawn. I had discussed this with my neighbour and assured them there would be no height difference as they were concerned about riding their lawnmower and tipping. Brian agreed to proceed as requested, however ultimately created a hump at the top of the driveway (which did not previously exist), right next to the corner of the neighbour's house which now creates a height difference, causing water from my driveway to flow/pool onto their property at the corner of their house. They are concerned about seepage into their basement. I have asked Brian to come speak with me and my neighbours to remedy the situation. He has ignored my text messages. I have also pointed out to him the he failed to replace two chipped stones he himself had marked with an "X". I am also concerned the slope at the front of my house is not pronounced enough (as requested) and may result in water being funnelled towards the foundation resulting in seepage into my basement in the future.

  Business Response

  Date: 18/09/2023

  ***** was given a quote for the scope of work to be done and had agreed upon the price. Once work was completed at *****'s home she proceeded to look for "issues" including complaints about grass seed(this was not apart of the original quote and was the home owners responsibility however grass seed was put down at free of charge to the client). ***** admitted that where she use to live they never paid full price finding "issues" to have the price lowered. This was not agreed upon or discussed in the original quote. 

  When ***** reached out with these new issues it was offered to have a worker go over to address the issues to which the home owner refused stating she wanted someone else to do the work. 

  Customer Answer

  Date: 20/09/2023

   
  Complaint: 20550213
  
  I am rejecting this response because:

  I thank Mr. **********************  for his response which is somewhat confusing.  Mr. ********************** insists on using quotation marks for the raised issues, perhaps in an attempt to suggest they are too insignificant to address, or imaginary.  However, he subsequently legitimizes them by describing attempts to have one of his employees attend to resolve them.  Regardless of his view of the "issues", there are numerous photographs and video recordings of the issues available for viewing.  Indeed, the "issues" are so obvious, multiple neighbours have commented on the poor execution and improper sloping.
  
  Mr. ********************** has failed to contact myself or my neighbours to discuss reimbursing the cost of having someone repair the damage he caused to their property. Instead, he has offered, via text to myself, to provide a quote to fix the problem he himself created.  My neighbours have advised me they are not confident in his ability to repair the issue, having had a first-hand account of his work.
  
  I did indeed look for any issues which might need correcting prior to Mr. ********************** departing with the final payment.  Several issues were immediately obvious, and form the basis of my initial complaint.  I believe Mr. ********************** is insinuating that I was "nit-picking", or being fussy, in order to get a discount on the work. This is not the case, and I would appreciate Mr. ********************** taking this matter seriously going forward. 
  
  Mr. ********************** misremembers our conversation wherein I admitted that where I lived previously, such shoddy work would not be acceptable.  He suggested standards were lower in the Sudbury region.  Having been born and raised here, I disagree.  I am unclear as to whom he is referring to when he states "they never paid full price finding "issues" to have the price lowered".  Is Mr. ********************** suggesting this was a statement I made, or his opinion of my motives for filing this complaint?  This is an unsubstantiated accusation as I made no such statement.  I seek only to obtain partial reimbursement to have the sloping corrected, in order to avoid potentially significant (and costly) water damage to my foundation.  A recent rainfall revealed the extent of the pooling problem - video attached.  This issue is more than likely to worsen with every year's freeze/thaw cycle.
  
  Mr. ********************** has not reached out to schedule a time to come over and discuss the many issues raised, including the improper/insufficient sloping, sinking stones, uneven stones, chipped stones marked with an "X" which he forgot to replace.  Evidence of his lack of communication is recorded in text messages.  Regardless, I do not trust in his ability to remedy these issues which would yield a better result than the initial one.  
  
  In response to the seeding Mr. ********************** has brought up, all of the areas around the driveway had to be re-done properly (large rocks removed, soil added and packed, seed evenly distributed, again photographs are available).  I did not bring this up in my original complaint as this was not part of the written contract (although Mr. ********************** did verbally advise he would be doing so) and a minor issue compared to the significant pooling issues and my neighbour's property. 
  
  I would like to add that this experience has resulted in stress, anxiety, uncertainty and a strained relationship with my neighbours, not to mention the expense of fixing the sloping on their property, which has been quoted at approximately $600 in materials and labour.
  
  The Consumer Protection Act, **** provides that services supplied must be of a reasonably acceptable quality.  Mr. ********************** and I appear to disagree on whether this level of quality was achieved.

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