Complaints

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• Initial Complaint

  Date:09/05/2024

  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.

  On 06/26/24, No Swett Fencing (Columbus, NE) began installation of a fence on my property for a quoted expense of $8,538. During the installation, damages to my property, incomplete work, and hazardous conditions resulted in hours incurred on my part/the homeowner to rectify. When this was brought to owner ***** ******* attention, I have him on record acknowledging the issues, leading to him offering to reduce the remainder of the charges by No Swett Fencing by $825. This number was determined due to my tracking of the hours I incurred, in conjunction to my hourly rate to rectify the damages/incomplete work/hazardous conditions left by No Swett Fencing, of which I have evidence and ***** on record agreeing with my assessment. With the initial quote cost of $8,538, down payment of half the cost at $4,269, and reduction of $825 due to damages/incomplete work/hazardous conditions, $3,444 (+$40 permit fee) would have still been charged to me.
  
  However, after this discussion, additional damages were found and repaired by me/the homeowner, increasing the previously noted $825 to $1,226.82. This would mean that $3,082.18 would have still been charged to me. When presented this information, ***** is on record acknowledging the damages, but stating I accept $825, or he would take the matter to court and not offer any reduction.
  
  That said, I do have record of having a check for $3,082.18 mailed to and returned from No Swett Fencing with a note stating, "We completed the job and fixed what need to be fixed. This bill is for the total invoice of $8,538.00 less your deposit of $4,269.00. The balance below is due within 15 days. If not paid, I will send this to my attorney, and he will forward it on to collections and take actions that are necessary."
  
  I have evidence that work is still incomplete. I have detailed records of my interactions, the damages, and work I had to do, which ***** is on record agreeing with me in that the work I did is what he was hired to complete.

  Business Response

  Date: 09/05/2024

  This quote was done for **** on 9-18-23. **** called and accepted the bid on 5-23-24. We held the price from the year before. **** called two different times stating he wanted the fence but couldn't afford the fence and wanted us to finance the fence for 36 months. We told him we do not do financing. On 5-28-24 we received his half down payment.

  We installed the fence and **** called and said he had some problems with fence and clean-up of dirt and concrete. I set an appointment with him and went through everything needed to be fixed and clean of anything that **** wanted. Most of the items were very minor and was not a problem at all. **** expressed how displeased he was and that he spent a lot of time cleaning things up already and I asked him if he had a dollar figure that he wanted and an agreement of 825.00 was settled upon. We then met with **** my crew and myself as I wanted to be there as he is not an easy person to deal with. We fixed everything and cleaned everything to ****s approval before we left. We also added some material to his gate for a grading issue he had. No extra charge was sent to **** for this. Upon asking **** if everything was to his satisfaction, he gave me a bill of 1,226.82. He said he found a broken sprinkler line and had to repair it. This was never corresponded to Noswett fencing and was not leaking or an issue when I originally met with him on repairs to be taken care of. We did not see the damage or if it was damaged by us, we would have fixed it. **** called and I explained to him that my crew and I never saw the damage, like stated in the line above if we would have seen the broken line, we would have fixed it while we were on site. I told him I would honor my part of the deal with 825.00 off which agreed on, but I would not pay him additional 400 to fix one sprinkler line without seeing that it was our issue or have any proof that it was damaged to begin with. Attached above is ****s invoice to me for 1,226.82.

  As you will see he charged 50.00 every time he called us. 

  He charged 45.00 to meet with me.

  He charges 500.00 to communicate with crew and utilities that were not located, above you will also see the dig ticket that was called into diggers hotline.

  In closing I tried to work with **** on this matter we try to keep everyone happy and content. We took 825.00 off for his which we fixed and completed everything he wanted and still took the 825.00 off. After seeing his invoice for 1226.82 I told **** that I would still honor our agreement even after we fixed everything. I also explained if he didn't want to honor his part, we would seek full payment since everything was done to his satisfaction and agreement the job was complete.

  I think this is attempt for a person who just does not want to pay his bill and wants the fence for less and will always find a fault as, so he does not have to pay. Like 50.00 per phone call and 500.00 to communicate back with us and broken sprinkler line that was not leaking when I addressed issues with him and no communication with us regarding sprinkler line.

  Thanks

  ***** *****

  Noswett Fencing Inc

  President 

  Business Response

  Date: 09/24/2024

  There is no signed contract, but that doesn't mean it wasn't a binding contract. Since you responded in an email to commit to the fence and also verbally agreed on the phone several times. That makes **** knowledgeable to the conditions of our contract, and if he had an objection to the contract, he could have brought them up the 4 times he's called before we started the project. 

   

  Customer Answer

  Date: 10/05/2024

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

  As you said, "There is no signed contract," so there is no "it," as you say, to reference as a point of conveyed, understood, and agreed upon terms regarding down-payment prior to work start (which is an odd point to fixate on, as it was noted as being an understandable practice).

  That said, if No Swett Fencing does not have a signed documentation of agreed upon work to be completed, terms, etc., I would assume my records of verbal acknowledgements of incomplete work and damages due to the work efforts, acceptance of responsibility by No Swett Fencing, etc. would serve just as well for such documentation? I recognize that these records would not be signed contracts but, as No Swett Fencing's last response stated that verbal statements constituted binding contracts, it would seem that in-person and telephone conversations are just as good. 

  
  Sincerely,
  
  
  
  **** *****