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:05/13/2024

  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.

  We hired E&V Masonry on July 21, 2023. The walkway cost $15,046 / total job was $36,676.00. Multiple problems with walkway. Chipped ******************************* pavers, no crushed stone underneath walkway and ants burrowing in between that pavers , dirt embedded into pavers. Reason for these problems is because no crushed stone underneath pavers . The walkway was not properly prepared after completion , and the compressor that E&V Masonry used lacked a roller or the roller needed replacement which caused the chipping . We attempted numerous times to have E&V repair the problem last Fall 2023 to either be ghosted or ignored . We were met with many excuses. In November we contacted *******. A representative visited the site and said the pavers were chipped and blamed it on the installation . The Rep said he would give us pavers to repair the area at no cost to us . In the Spring 2024 we tried so many times to get E&V to our home to repair the walkway . If E&V addressed the problem in Fall 2023 we wouldn't be in this position . They can get the pavers and they can put crushed stone done underneath the walkway . I am requesting a refund of $15,046.00 for the damaged walkway.

  Customer Answer

  Date: 05/29/2024

  E&V Masonry has not contacted me to resolve this matter 

  Business Response

  Date: 06/15/2024

  We were contacted by *************************** on February 27th of 2024 regarding chipped **************************************. In *******'s text message, he told us that he spoke with a ******* representative (****). **** explained to ******* that the reason the pavers were chipped were due to the contractor (E&V Masonry) using a compactor with a missing or worn out roller. This cannot be true as we did not use a compactor on the pavers whatsoever. The polymeric sand was swept between all joints, and no compactor was used on the pavers. ******* did not contact us to confirm this at any point. **** from ******* reiterated that the chipped damage was caused by the compactor, which given we did not use one, cannot be true. ******* then stated they would provide replacement pavers at no charge in the spring. I responded to ******* on February 28th 2024 after touching base with my team and we assured him that we will be able to replace all the pavers free of charge since ******* will be providing replacements at no additional costs. Towards the middle of April, ******* touched base with me and asked if he can get the replacement pavers soon, when could we come out and install them. I told ******* we need to know at least 3 weeks in advance so we can properly schedule it. April 17th 2024, ******* contacted me and let me know that *********** received the pavers and that we can stop by and pick them up. I let ******* know we could do it that week and ******* told me that his mother (*****) had spoken to a representative at *********** (our supplier) who's name is ****. On May 1st, we went to *********** to pick up the replacement pavers and the *********** representative (****) told us that they didn't have the pavers and that we had to have someone from ******************** the order. The ******************************* pavers were discontinued early 2024 and so there was no readily available replacements. May 2nd ******* contacted me and let me know that the ******* representative he is in contact with told him he will check surrounding suppliers and ship the replacement pavers directly to his *******'s house. May 6th I get a text from ******'s mother, *****, letting me know she will be handling the repair process from this point forward. ***** told me that there are 46 total chipped pavers that need to be replaced. I had told her we have some extra pavers in our lot, but we do not have enough (46) to replace all pavers.

  I am now in contact with ****** at ******* to resolve this issue and get the replacement pavers from *******. Once ******* sends the replacement pavers, we will go to *******'s house and replace them free of charge and dispose of the replaced pavers and any excess.

  Customer Answer

  Date: 06/16/2024

  E&V Masonry contacted me weeks ago saying he had the materials in his yard and promised to come out by June 14-16. A text message was received on June 15 stating he didn't have the materials. Again that can got kicked down the road with more excuses . Its been 9 months since we contacted E&V Masonry to correct the numerous problems with the walkway installed . We no longer want to engage in deceitful lies, nonsense gibberish conversations that only lead to not showing up and correcting the problems. The consumer was fooled for over 9 months, no one should be treated like that . If you cant warranty your work and install a walkway correctly then you shouldn't be in business. False advertisement and taken advantage of the consumer. Their quality of work is shoddy. They are not registered with the Secretary of States Office in Massachusetts as E&V Masonry. I will now proceed to contact the Attorney Generals Office to help me. E&V masonry has harassed us with their nonsense promises to correct the many problems with the walkway . E&V are fraudulent so called masonry contractors .

  Customer Answer

  Date: 06/17/2024

  
  Complaint: ********
  
  I am rejecting this response because:
  E&V Masonry is not a reputable company . The response was riddled with lies. Because of the poor installation by EV Masonry using a compactor, that is why the *******  pavers chipped. EV Masonry was told in the fall that the pavers were chipped and refused to come down and take a look at it until we contacted ******* and they came down in January and said that the pavers are chipped. EV Masonry continues to lie and misrepresent the truth. I was told by ******* that they would give me the pavers and try to work with the contractor who installed them to replace them because it was the ethical thing to do. But EV Masonry continues to tell me that they'll be down there to replace the pavers and they continue to kick the can down the road. EV Masonry is not registered in the Commonwealth of Massachusetts as a business. They continue to say they'll come down then they don't then they're gonna get the pavers they have the pavers and they don't have the pavers and they do have the pavers and they don't have the pavers and they can come down and they cant come down then they will be down then they'll come down in three weeks and then three weeks come and then they wont be down and then there's another three weeks goes by.  seriously this is crazy nonsense. Its been nine months and they still haven't we fixed the problem. Its the fix its the ants coming through the pavers, not having the walkway prepared properly after the job was completed . If they fix the problem last fall, like an ethical contractor would do then we wouldnt be looking for pavers. The pavers are not discontinued. They just dont manufacture them in ************* anymore, but they  can get the pavers . They always say theyre working to get the pavers, but they never get the pavers at some point. We need to put a stop to this nonsense and constant lies with this contractor. I would like this contractor to make me an offer financially and be done with this instead of going on with this never ending nonsense. I spent a lot of time trying to get those pavers and I shouldn't of had done that. I should've had E&V Masonry do it. they continue to spew their lies. 
  Sincerely,
  
  ***************************

  Business Response

  Date: 06/27/2024

  The client claims the issues as following: chipped ******************************* pavers, no crushed stone underneath walkway, ants burrowing between pavers, dirt embedded into pavers. The client also claims that the reason for these problems is due to the lack of crushed stone underneath the walkway and the fact that we allegedly did not use a roller when we compacted the pavers. Addressing the crushed stone, there's multiple different ways to properly install a walkway or patio. You can use graded base and stone dust, you can use graded base and paver sand, you can use only crushed stone, there's multiple options when properly installing pavers. We've been installing walkways and patios using graded base and paver sand for over 2 decades and we've never had to redo a walkway with our installation method. Graded base is a permeable base similar to crushed stone, so there are no permeability issues with graded base. I am not sure why the client is so adamant on using crushed stone, but there are different appropriate options that are permeable and last long and graded base with paver sand is definitely one of them. As for the chipped ******************************* pavers, we absolutely DID NOT use a compactor on the pavers. We only used a compactor when compacting the graded base throughout the walkway. For this project, we did not use a compactor at all on the pavers post-installation.

  ******* got a new fence installed late 2023 and during the installation of the fence, they either had to remove or replace 4 border pavers on the walkway. ******* had asked us to come out and replace it for him and we let him know that we would come out as soon as we had availability to do that as a courtesy. The pavers that had to be replaced were due to a fence installation, it had nothing to do with our installation or warranty, we said we would do it as a courtesy. We didn't have time to come out towards the end of the year (2023) and so we decided we would come out early 2024 when we had availability as a courtesy. December 21st, 2024, ******* sent me a text and said he had contracted another company to come out and replace the 4 border pavers. This is when ******* first mentioned that we "should've" used crushed stone instead of the graded base and paver sand we use. Up to this point, neither ******* or ***** have brought up the fact that any of the pavers were chipped, the only support they wanted was us to come out and replace those 4 border pavers as a courtesy since their new fence installation forced them to replace those pavers. February 27th, 2024, ******* messages me and lets me know that a ******* (****) representative came out to their property to take a look at their chipped pavers. **** told ******* the reason they are chipped is due to the compressor we used on the pavers having a bad or non-existent roller. **** also told ******* that the sand or base underneath the walkway is not the reason why it's chipped, rather it's the compressor we allegedly used. At this point, ******* have told ******* they would provide replacement pavers at no cost and ******* asked if we would replace those pavers. I messaged *********************** and let him know that we will come out and replace it for free as long as ******* provides the replacement pavers. We set a time to stop by *******'s house and take a look at the pavers that were damaged and that was on March 16, 2024. The pictures I've attached to this email were pictures we took from that day. After this, we had to wait for ******* to send out the pavers to then schedule a time to pick it up at the dealer (***********) and replace the pavers. I told ******* to give me a 3 week heads up so we can properly schedule him. On April 17, 2024, ******* sent me a message telling me that the pavers were ready for pick up. On May 1st, 2024, we headed over to *********** to pick up the replacement pavers (this is where ******* told ******* the pavers are) and when we got there, the *********** representative let us know ******* did not send any pavers and they did not have this paver in stock. The *********** representative told us to let our client know that ******* needs to get in contact with him to place this order. I checked back with ******* the following day (May 2nd, 2024) to see if he had an update since we had the day open for installation and that is when ******* confirmed the paver is out of stock and ******* is checking other dealers.

  Four days later (May 6th, 2024), our client's mother sends us a message advising she will be handling the situation. She claimed that they have been trying to get ahold of us regarding this situation since late fall 2023, but this is not true. They had asked us to replace 4 border pavers due to a fence installation (as a courtesy) and that was initially late fall of 2023, but they had never mentioned any chipped pavers then. The chipped pavers were only mentioned February 2nd, 2024. She then asked that we replaced the chipped pavers by May 10th, 2024 (4 days from this date) or she would like us to completely replace the walkways with new pavers. There was no way we could possibly get discontinued pavers within 4 days, let alone schedule an installation date with our book schedule that early. I spoke with my father who told me we have leftover ******************************* pavers from various jobs we've done in the past in our lot and I told ***** we could come out and replace it with the leftovers we have at no additional cost even though ******* is not supplying the replacements. ***** claimed that a total of 46 pavers needed to be replaced due to chipping and we did not have enough to replace ************************************************************** ******* to get this situation sorted and see what we could do moving forward, and that is currently where we are.

  The pavers being chipped is not an installation mistake, it is a manufacturer mistake. We've installed hundreds of paver patios and we never use a compactor on the pavers especially without a roller or a bad roller and we certainly did not use a compactor on this project. The "lack of" crushed stone is not an error, we use open graded base and paver sand as the walkway base, which is a proper method of installation that we've been utilizing for over 2 decades and is a permeable solution. We are open to working with ******* to receive the replacement pavers and schedule an installation date to replace the pavers as long as ******* provides the pavers since this is a manufacturing defect. We are currently in communication with ******* as I write this response.

  Customer Answer

  Date: 06/30/2024

  
  Complaint: ********
  
  I am rejecting this response because: as you can see from the photo I uploaded there was no graded base put underneath the walkway that E&V Masonry said they installed. Its only sand and dirt underneath the sand. There is NO graded base that SHOULD HAVE been compacted and thats WHY the pavers are chipped as ******* said. We had a professional registered landscaper lift up the pavers in a small section to prove the point. Paver sand is not recommended because the soil underneath will shift the pavers and thats another issue with the walkway . All of these issues have been addressed with E&V masonry since August 2013 and they have not repaired the walkway instead they keep avoiding to repair it. 
  The ******* pavers are not a manufacturers defect. Its the installation of E&V Masonry. E&V handed us a ******* brochure to select the pavers and its confirmed by ******* that E&V Masonry is NOT CERTFIED to install ******* pavers nor is E&V Masonry registered as a business in the Commonwealth of Massachusetts. I am working with the Attorney Generals office. 

  Walkways and patios should have anywhere from a 4 to 6 inch base of three-quarter stone and then approximately an inch to an inch and a half on top of that of 3/8 stone or a quarter inch stone compacted screened off and then pavers on top of that. Sand, Masonry sand and stone dust are not used anymore because they hold water. They will not let walkways or patios drain, and none of the manufacturers or suppliers will guarantee/warranty the pavers if they're put down on sand, Masonary sand or Stone. 
  Again , I am requesting that E&V Masonry offer me a settlement amount in dollars and cents that would be fair to me.

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

  Customer Answer

  Date: 07/01/2024

  EV Masonry has had 11 months to repair the walkway. Still hasn,t shown up. EV installed the walkway with only paver sand, no graded base and thats why the ******* pavers are chipping and sinking. The base was never put down to compress . EV Masonry is not a certified ******* installer and they never shouldve given us a brochure to choose the pavers. I am working with *********** supplier and ******* to  make sure that they dont install any ******* pavers. Poor installation . 

  Business Response

  Date: 07/16/2024

  I'm already in contact with ****** who is a ******* Sales Consultant for the region and he's forwarded the project information over to ***************** who is the ******* representative for our supplier (***********) where we sourced the pavers from. We are willing to figure this out directly with ******* and see what options we have to find replacements for the pavers that are "chipped". We want to ensure the client is satisfied at the end of the day and we are willing to figure this out as soon as possible.

  Customer Answer

  Date: 07/17/2024

  
  Complaint: ********
  
  I am rejecting this response because: E&V Masonry have been working with ******* FOREVER to get the pavers. More excuses , its been a year .

  the entire walkway has to be eradicated because there is only sand underneath the pavers as shown in my last photo upload. We had a landscaper pull up the pavers to prove that there is no gravel base underneath as the photo shows, which is why the pavers are chipped.poor installation by E&V Masonry. 

  please make me an financial offer so I can proceed to get it corrected .
  
  Sincerely,
  
  ***************************

  Customer Answer

  Date: 07/25/2024

  E&V Masonry DID NOT replace  the chipped pavers . Its been a year . All words and kindness from E&V but NO ACTION. The business is willing to correct the problem but HASN’T. I think one year of willing to correct the problem is outrageous.  

• Initial Complaint

  Date:11/28/2023

  Type:Service or Repair Issues
  Status:

  AnsweredMore 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.

  We hired Evando to replace our walkways and patio. We have a serious pitch problem on walkways with several inches of rain is pooling up as well as water getting into window well where brownstone ledge was not installed at proper height. Additionally the polymetric sand used on all surfaces is washing away. Lastly, Evandro was to repair lawn destroyed during their construction by hydroseeding, but because he ran behind on the job and was leaving for ****** the next morning, on 11/6 he merely threw grass seed on top soil and now we have a muddy mess of runoff and no grass which is also not helping with any absorption of water. We have contacted both Evandro and Evandro Junior 3x times by voicemail and text with pictures, with no response. We need this fixed before water creates more damage. Ultimately we would like Evandro to return and fix the problems created, but we need this work fixed now before we have more issues with the pitch/drainage. Because they have not responded we have no choice but to try hire someone else to fix. I have pictures but having issue uploading in complaint, I can forward by email when complaint worked on

  Business Response

  Date: 11/28/2023

  We have fulfilled our contractual obligations with ****** & *************************** on November 6th, 2023.
  

  1.) There is no walkway pitch issue. We've pitched all walkways away from the foundation of the house as to not cause damage to the house's structure. Since we recently installed the walkways, the underlying ground has shifted and has not settled yet, which makes it more difficult for water to drain through the walkway. Once the ground settles in place, drainage throughout the entire area will improve. We installed the walkways the way ****** wanted and instructed us to do, which reduced the permeability of the walkways. When we install a paver walkway with polymeric sand, we purposefully put lower amounts of polymeric sand towards the ends of the walkway. This allows water to drain between the pavers since polymeric sand is non-permeable. When we installed it this way the first time, ****** was unsatisfied and instructed us to completely cover every area between the pavers with polymeric sand. Following her instructions, we proceeded to completely cover every spot of the walkway with the polymeric sand, something we usually don't do when there are no drains installed. Since there are no drains near the walkway and there is nowhere for the water to run to, it is currently pooling on the walkway. As the ground settles over time, the permeability will increase and the pooling will decrease but it was installed the way ****** instructed us to install it after installing it the way we have been for over 20 years.
  

  2.) Prior to delivering the job, we did in fact re-seed the areas where we had to excavate on their lawn. It is recommended that it's watered at least twice a day until the grass begins to grow. We do not offer watering or maintenance services, we are only installers. If the areas where we seeded were not attended to, it is not our responsibility, it is ******' responsibility. We seeded every area that was supposed to be seeded as we said we would, which was a courtesy and we did not charge for.

  We have worked with them along each step of the process and we've uninstalled and reinstalled several parts of the walkways to get up to ******' "standard". We've been more than patient and went above and beyond to give them a great outdoor area

  Customer Answer

  Date: 11/29/2023

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

  The response from E&V Masonry is disappointing, and not factual. To begin with, they did not respond to the problems we are having until this complaint was filed. At no time have they come to take look at the problem areas or respond to multiple phone calls and texts, which included pictures and video of the problems. There is no way they can say there is not a pitch issue. We have had several contractors take a look at the area and all have determined its a pitch issue. The smaller patio was pitched to steep towards the steps with no where for the water to go-something we voiced concern about to Evandro Sr. at the time, who said it was pitched on the sides to drain to lawn but is not. Evandro Sr. said there would be no problem with drainage and not be concerned. The longer walkway we also expressed concern over the window well and pitch to compensate for it, and this Evandro also said would also not be an issue. As for the ground settling and allowing for better permeability and drainage, these are NOT permeable pavers.
  
  At no time did ***** instruct them on how to install, this is just not true. The only discussion ever had with Evandro Sr about poly metric sand was after he had his workers spread the poly sand after dark and several random small spots were left open, to which the next afternoon Evandro recognized as an issue, had the workers fill in the cervices on 11/6 and even left us with some extra in case it did not settle/set right because he would be leaving for ****** the next morning. There was never any discussion about purposefully leaving openings or advisement to do something differently. As for uninstalling and re-installing Evandro did this on his own to correct an uneven path and to widen the smaller patio area that his workers had made smaller than specified, and neither have any relevance to the current problems in this complaint. 
  
  As for the lawn, this was not a courtesy fix. Evandro Jr specified several times throughout the project that any areas of the lawn that they had damaged would get hydro-seeded the end. This was not the case. First, they were way behind on the job due to several no-show days and hours, and on 11/6, in the less than adequate temperatures for seeding, Evandro, Sr. simply sprinkled a bag of Scotts grass seed on to the soil with noting over the top to hold them in. This, coupled with the cold temperatures did not allow for germination despite us watering the seeds twice a day, everyday until the ground froze. We do all our own landscaping and if we were not diligent about watering and such we have no lawn, shrubs or trees anywhere which is not the case, and had a full lush lawn before they started construction. Two areas of the lawn did not even need to be disturbed, but were used as a dumping ground for materials before disposal. 
  
  Overall, we were certainly not left with a great outdoor area but rather multiple problems that need to be rectified, not to mention time and stresses well as the drainage issue causing damage and mess to property. The job took over 5 weeks because of many no-show days or days of 4 hours or less which brought the project to 11/6 with a rush to finish on their  because they stated Evandro Sr. would be leaving for ****** on 11/7. Ultimately his challenge to get the job done before he left has left us with some errors in the work, of which he nor the company responded to let alone came down to look at. People make mistakes and errors sometimes happen, the issues is with taking responsibility for warranted work and rectifying. 
  
  Sincerely,
  
  ****** And ***************************

  Business Response

  Date: 12/07/2023

  There is some information that ******* & ****** are purposefully leaving out to make us look worst. To give some context, we were initially hired to do hardscape, masonry work and stucco work on the new walls we were going to construct. Towards the end of the project, it was decided between Evandro Sr. and ******/******* that we won't be doing the stucco, another company will. After completing all of the work we were contracted to do, I (Evandro Jr.) edited the invoice for the project and subtracted the price of the stucco from the project which which came out to be $1,630. I sent over the revised invoice with the new subtracted price to ******, which she reviewed the same day. I then asked ****** to hand my father the check with the remaining balance on the project prior to him leaving for *****. She hesitated at first but eventually complied and handed him 2 checks. This was around 6:00pm and it was already dark outside. My father spoke to them for a few minutes, took both checks and left without reviewing both checks. Once my father left, ****** had told me she subtracted the cost of what a new company charged them for the stucco ($3,500) instead of the $1,630 that we charged her and subtracted from the invoice. When my father received the checks from her in person, he did not confirm nor verify that both checks added up to the new remaining balance, he never agreed to subtracting $3,500 instead of what we actually charged her, which is $1,630. Upon finding out this information, my father was extremely disappointed. I voiced our frustration and disappointment to ****** and let her know that this is not ok, she still owes us $1,870 ($3,500 - $1,630). She refused to pay us the remaining amount and requested that I not message her again. Then, ******* sent me a text message saying and I quote "It's not a negotiation it is what it is.." as well as, and I quote "We will not be meeting with you and I believe it's best we part ways at this time. Please stop texting my wife.". This was on November 10th at 6:46pm. The reason he texted me this was because I told ****** when I get back from my travels that I will meet them at their house and we can go over this remaining balance, to which they refused to do and wanted to "part ways". My father and I were very frustrated with the situation but we decided it was best to ultimately just take the loss and never deal with the ******* again. This is why we parted ways and were not going to pursue the $1,870 and seized all communications, it was a huge headache throughout the entire project.

  Now, regarding the "pitch issue", there is no pitch issue. Their property sits below the street level. From the sidewalk you need to take 2 steps down to get to their ground level. On the other side of the property is a steep hill, which is behind the house and behind the elevated patio. When we were initially demolishing their existing elevated patio to create a new elevated patio, we gave ****** the option of adding a strip drain between the new walkway we were going to install and the new crushed stone patio we were going to install. She denied the request and opted to have the water drain naturally through the ground and the crushed stone patio. As ******* stated, the pavers they chose are non-permeable. We were contracted to install non-permeable walkways and a non-permeable elevated patio. We were not contracted to install any drains of any sort. When we were installing the walkways and patios, we pitched it away from the foundation of the house. Since there is nowhere else for the water to go (they are below street level and the hill side is behind the elevated patio and behind the house, you need drains to drain it to the hill side), it has to drain through the surrounding soil. It is not a pitch issue, there is nowhere else we can pitch it for the water to drain better, they need to contract a company that specializes in drains to install new drains. The set pitch is the correct pitch, away from the foundation of the house. There is nowhere else that you can possibly pitch it to. If it's not draining well through your soil, you need to install drains, something we were not contracted to do.

  As for the hydroseeded areas, it was absolutely a courtesy fix. I (Evandro Jr.) told them that we would hydro seed the areas of soil that needed seeding and we did that as a courtesy, it was nowhere on our contract nor was it a contractual obligation. We could have told them we weren't going to hydro seed it but we don't like to leave seedless areas. We completed our part in seeding the areas we said we would, despite it not being a contractual obligation.

  Lastly, we do not work per hour, we work on a project basis. We worked on the project to the best of our abilities, providing great service throughout the entire project. Unforeseeable events occurred throughout our project such as our main truck breaking down, emergencies at other job sites our other crews were at, and multiple days of poor weather. We completed the project as quickly as we could without sacrificing quality. We stand by our work, which is why throughout the project multiple times we uninstalled parts of the walkway because ****** thought it was the wrong sized and reinstalled it, multiple times, as ******* has stated himself in the complaint. We went above in beyond throughout the entire project. This is not fair to us as a business, we have a reputation to hold up and dealing with the ******* has been a NIGHTMARE. We've been in this industry for 25 years and we have never met clients that were so difficult to deal with and in the end stuck us up on the remaining balance. In hindsight, I should have seen this coming since their previous contractor that was going to do this job seemingly "abandoned" them out of nowhere and seized all communications.

  Customer Answer

  Date: 12/07/2023

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

  First many of the issues that Evandro Jr. is choosing to bring up 1. are not factual and 2. have no relevance to this complaint regarding water issues, lack of response and lack of upholding to warranty and quality of work. While the stucco issue has no relevance to this complaint and did not purposefully leave out information, we will respond- Evandro was contracted to provided tinted stucco to the wall and steps and because he was very behind schedule he stated to us that he would not be tinting the stucco and would paint it after. We did not want painted stucco and came to mutual agreement that we would hire someone else to do this and subtract from bill. We got 3 estimates and informed Evandro we would subtract the lowest $3500, although we paid the highest of $3800. The contract does not specify a separate line item for the stucco and is only included in with a larger amount for the each walkway. On the last day of Evandro was here he was frantically rushing around to complete the job bc he informed us he was leaving for ****** in the morning. He did not hydroseed the lawn and only merely sprinkled dry grass seed on top of the areas. As for contracting for this, Evandro Jr stated throughout the project that they always hyrdoseed any areas that get damaged before leaving-a conversation we had more than once as they damaged an area of the lawn that did not need to be destroyed due to the work but only bc they piled all the demo work there and also walked back and forth over when they could have gone around. When Evandro Sr got ready to leave that evening he said "are you going to give me a check or what?" to which we informed him Evandro Jr never sent a change order to subtract stucco and that we also were not comfortable be we could not see anything in the dark and would pay him when we had the correct total and looked things over in the daylight-specifying concern over lose railings as well that we could not test for stability after Evandro Sr fixed for the 2nd time bc they needed to set in the concrete for 48 hrs as he informed us. He informed us that Evandro Jr was on vacation in ******* with his wife and baby and therefore could not send, so we agreed to wait on the final payment. He left the property and said ***************** would be in touch when he returned from *******, as he (Evandro Sr) would be in ****** the next day. Then Evandro Jr started texting ****** that he needed to be paid right now as his dad needed to pay his guys before leaving for ******. Evandro Jr never sent the change to contract until after his dad left and pressured ****** to pay him that eve stating that "the contract is not over and that even if there is a mistake we work to make up for it, we are not going to stop working after being paid." Under pressure and with no new contract/bill we rushed to pay Evanro Sr, ******* met him outside with the 2 checks and a hand written list from us outlining the subtraction for the stucco as agreed as well as $300 for them to come back and seal in the Spring while ****** was inside and texted Evandro Jr about amount we would be subtracting bc we has no new contract/bill. He looked at it and agreed and shook *******'s hand in agreement and left and we never heard anything from either of them. This all took place on 11/6. On 11/10 we texted ( via ****** phone that the railings were moving and not set and needs to be fixed. That is when Evandro texted that he was out of state and dad in ****** and we did not pay him the agreed amount and he wanted to meet in person when he returned to receive the remaining amount, to which we said we would not be meeting to provide additional payment and then Evandro Jr continued to harass ****** by text stating that they did it (the job) at a VERY low price and that it was not negotiable. ******* then texted Evandro Jr, reiterated the agreement that Evandro Sr shook on 4 days prior, and to please stop texting his wife and that we would have someone else fix the railings so we could go our separate ways, which we did, and have never brought up the rails or payment or anything else unrelated to the workmanship complaint that we originally sent via BBB. This is the only issue at hand in our complaint that was not discovered until it rained after a long drought on 11/21. ******* texted both Evandro's regarding the water problem multiple times with pics and video and neither responded, so we find BBB complaint. Once they received the complaint from the BBB on 11/28 they responded by text, refused to come look at it or resolve it. And in their first response here had a different story about why there is a water issue then what they decided is now the problem and continue to say there is no pitch issue that 7 other contractors have noted. Drains were never advised by Evandro, we in fact inquired several times if we needed, we willing to add to contract if needed, and Evandro repeatedly stated that it was not necessary stating that the path at 256 would be pitched to drain into the unpaved sea gravel area and that 254 would be pitched to drain to the side to grass. This is not the case. The path at 256 does not allow water to run to the unpaved area and pools up where the pitch is mistakingly raised. The path at 254 does not drain to the side into grass area but directly to the steps with no where to go. They are not upholding their 5 yr warranty as they refused to even look at it, and we have asked for proof of insurance and license more than once and they have not provided. As for poor weather delaying them we literally had no rain delays the entire project-we had no shows on beautiful days of unusually warm weather that they told us they were coming and never showed up-later sharing the stress they were under from the builder they were working for and Evandro Jr stating: its unfortunate that you are experiencing this as we normally dont operate this way but have been experiencing difficulties that are causing us to not function to the standard we usually do. The work was then rushed so Evandro Sr could leave for ******. Lastly, although neither have anything to do with this complaint we feel compelled to answer to wait Evandro Jr wrote-1. There was no previous contractor who abandoned work. Another mason was originally going to do the job and had to keep pushing the date due to personal hardships and eventually he said he would not be able to start this year as he was very behind with other jobs and very stressed so we looked for another person and hired E&V. 2. As for hard to work with, and being a nightmare-it is they who made this whole situation a nightmare and we were very kind and generous to their workers throughout the project volunteering to provide coffee, donuts and other snacks, as well as generously tipping all of them on the last day. 

  The bottom line is that we have a severe issue with pitch and drainage to which contacted both Evandro about with no response and when they responded to this complaint they claim there is not problem, and tried to blame the issue on us-and in each response they give different contradicting information for the problem, of which none even make sense. They chose to not respond, not uphold their warranty and leave us with a serious issue and have not provided insurance and listening information that is referenced on their website, as its the 5 year warranty. This is very upsetting and causing us much stress and aggravation and need to have another contractor fix the problem. 
  
  Sincerely,
  
  ****** And ***************************

  Business Response

  Date: 12/08/2023

  The issues I addressed are factual and are relevant to this case. To preface, there is a clear breach of contract with the ******* withholding the remaining balance of $1,870 and refusing to pay it multiple times. I will address each topic of the response below:
  STUCCO
  When we spoke about the stucco, you gave us two options which was tinting the stucco or painting the stucco. We let you know that with tinting, it would never be an exact 1 to 1 match as your existing stucco, but we set out to tint it in an attempt to get as close to the color as possible. After stucco tint samples, we saw that we were not able to get a color that was close to the existing color but we kept trying and our solution was to apply the stucco with a tint as close as we could get and if it did not come out with a good color, we were going to paint the stucco. ****** did not want this, but it was not possible for us to tint the stucco and achieve a "good" color with a 100% guarantee. This lead to her wanting another company to do the stucco. We agreed another company would do the stucco and I changed the invoice to reflect the changes made, which is subtracting the price for the stucco that we charged the *******. After this, instead of subtracting $1,630, ****** took it upon herself to subtract $3,500 without consulting me or letting me know before. The only time ****** ever informed me that she would be subtracting the lowest third party quote she got from the bill was AFTER she had handed my father the remaining checks and AFTER he left her house, then she informed me. ****** & ******* breached our contract by withholding $1,870 from us and refusing to pay multiple times. After this occurred, I went back and fourth with ****** and then ******* messaged me telling me that "it is what it is" and that we should "go our separate ways" (I've attached an image of this text message).
  HYDRO SEED
  As a courtesy, when we work on projects for our clients, we always hydro seed any area that we excavate or that are affected with the installation of any hardscape, masonry or landscape work. We don't charge our clients for this, it's just a common courtesy within our company. We applied the seed before delivering the project and due to the season, it didn't grow in properly. Under normal circumstances, we have absolutely no problem coming back out to re-seed the affected areas in the spring. However, since the ******* breached our contract by withholding the remaining balance from us, we will not be coming back out to re-seed any area as a courtesy in the spring.
  FINAL PAYMENT
  On the day that the job was delivered (November 6), I (Evandro Jr) was in ******* on vacation with my family. I had brought my laptop with me so I could do work remotely, therefore I was able to send ****** the updated quote. At 4:59pm, I sent ****** a text letting her know that would work be subtracting $1,630 from the remaining balance since we would not be doing the stucco and we charged her $1,630 for the stucco. At 5:10pm, I sent ****** an email with the updated invoice that showed the subtraction of the stucco work which is $1,630. ****** didn't text me anything for about half an hour so I sent her another text letting her know that we would need to receive the payment today to pay outstanding bills for the project as well as the salary of our workers. She responded 40 minutes after my initial text and 10 minutes after my follow up text letting her know we needed this payment today and that we have a guarantee on all of our work. She told me she was outside cleaning and on a call and told me she didn't know the payment was urgent. She then told me that if my father stuck around her house, she can write half the payment today and the other half tomorrow. I told her it was not possible for us to receive the other half tomorrow and that we needed it in full today since my father would be travelling to ****** the next day. She then said "Almost  set- just get second check from inlaws", I interpreted this as she understood our situation and was willing to pay the remaining balance in full. Up to this point, nowhere did she mention the subtraction of $3,500 instead of our $1,630. I thanked her for understanding and giving us the checks and my father met with her in person around 5:55pm. By 6:00pm, my father received 2 checks (one from the *******, one from ******' inlaws) and he left as he needed to drop of our workers and pack for his trip the next day. They did not make it known to my father that they subtracted $3,500 instead of the $1,630 we charged them for the stucco, they are trying to deal in bad faith. At 6:01pm, ****** texts me saying "stucco will cost $3500 so took off $3500". I immediately called my father, let him know the situation and he was very disappointed and angry, but he continued home as he had no time to spare. He was absolutely not aware at the time that they had done this and dealt in bad faith. I've attached the text messages with *************
  RAILINGS
  This was another courtesy we did for the *******. We had quoted them and agreed to remove all existing railings. Once the contract was approved and we were beginning work, ****** changed her mind and wanted to keep some railings on the steps. We said we could do that for her and installed it. The first time we installed it, she said it was too loose, so we uninstalled it and reinstalled and it to be sturdier. If anyone touches the railings or leans on them within the first few days of installation, it can cause it to loosen since it's attached to a newly poured concrete footing. We installed it correctly but again she said they were loose. She let me know they were loose on November 10th, after breaching our contract by withholding $1,870 from us. In normal circumstances, we would come back to make it right, even though it was completely a courtesy and we never charged her to install railings, we were going above and beyond what we were contracted to do, but the ******* breached our contract.
  SUPPOSED "PITCH ISSUE"
  We were contracted to install non-permeable pavers for the walkways and patios. We installed all paver walkways and patios at the correct pitch, away from the foundation of the house. At 256, the water pitches away from the foundation and to the surrounding soil and crushed stone patio. At 254, the walkway pitches away from the foundation of the house and towards the street and surrounding soil. When we were demolishing their elevated patio, I had brought up the idea of creating a strip drain on the walkway of 256 and having it drain to the hill side on the other side of their property behind the house. I let her know it would be an additional cost and ****** refused and said it was not necessary. We have the correct pitch on all walkways and patios. When it rains excessively like it did and there are no drains, water drains through the surrounding soil slower, causing it to pool up in events of excessive rain. This is not an installation issue, it is a drainage issue but it was not caused by our installation, it was an existing drainage issue that can be resolved by adding drains. ******* had said that the water only pools on the pavers and that is doesn't reach the surrounding soil and stated that during one of the recent storms there was 4 inches of water accumulated on the paver walkway, which makes absolutely no sense. How can 4 inches of water pool ONLY on the walkway? The only way for that to happen is if the walkway was sinking, which it isn't. This means the water is draining poorly through the soil, which means they need to install drains. This is not an installation defect or a defect in quality of work, it's an entirely separate issue.
  WARRANTY
  We have a 5 year warranty on all of our hardscape works. We always go above and beyond with our clients, we have dozens of testimonies we can provide. The ******* have breached our contract, it was cancelled on their behalf, therefore the hardscape work we provided has NO WARRANTY in this circumstance since the ******* are refusing to pay the remaining balance and have voided our contract. This is mostly irrelevant in this situation since there is no issue with our installation as they claim there is, rather they have a pre-existing drainage issue that is entirely separate from the hardscape work we installed.
  SOLUTION
  No amount of reinstallation would ever fix the drainage issue when it rains for hours on hours, only installing a drain would prevent water accumulation during heavy rain storms. If the ******* pay the remaining balance, we are willing to come out in the spring and re-seed any areas needed. Additionally, we can recommend a drainage specialist to come out and install drains that will prevent water accumulation during heavy storms.