#2Author of original report
Wed, January 18, 2017
Rebuttal to Jeremy:
In Jeremy's reply he would have you believe that I wrote that bad report for no good reason. I would ask anyone if that sounds at all reasonable or likely. I do not enjoy writing bad reviews and it took quite a bit of frustration to get me to write that one - In fact the only bad review I've ever written.
If anything that Jeremy stated about his services to us were true, we would have a finished patio. Instead, we had to pay two different vendors to finish something that was promised by June. No one chooses that path willingly.
Before posting my first review, I asked Jeremy to check my dates and facts - he had no changes. Below you will find my final email to Jeremy which logged all of our communications. You can see for yourself that Jeremy was never onsight, never provided updates, and never initiated communication - until he wanted more money.
My final email to Jeremy:
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July 26 - No updates. I ask again. You're on vacation and would like to do a walk through on August 8, which is beyond your last estimate.
JML Landscape Development
NEW ALBANY,#3REBUTTAL Owner of company
Mon, November 21, 2016
I would like to start by saying J.M.L Landscape Development has a 9 year history of positive experiences and reviews with clients. Unfortunately, due to the extremely misleading and defamatory remarks filed in this report it is imperative I provide an accurate account of the timeline and details of the experience with these clients as outlined in all correspondence, meetings, and notes with them including daily project logs with my foreman on site.
The total original project cost at the date of contract signing was $42,628.00 A deposit in the amount of $21,000.00 was given in March of 2016 and was scheduled to break ground at the beginning of June 2016. It is true the project was delayed due to unforeseen circumstances and weather for which I accept full responsibility on the accounts that could be controlled. Even with the delays, I kept Bill & Maria updated regularly via emails and meetings as we approached the start date while apologizing for the delay and thanking them for staying with J.M.L Landscape Development to provide them a quality outcome as we have for all of our previous clients in the past nine years.
During our June 7, 2016 meeting leading up to the project start, I requested the final height of the pergola so the 10x10” cedar posts could be ordered as this takes roughly 4-6 weeks for delivery being a special order. The homeowners tentatively gone back and forth between the top of their lower level windows or above on their house. I was informed they would discuss further and let me know. After several failed attempts to contact the homeowners for their decision, it was only during the follow up meeting on August 9th, 2016 that I was able to receive a response: one month later. The project deposit IS used for ordering such materials, as stated by the homeowner, but I cannot order the correct material without knowing these certain details in advance. At the time of ordering these 10x10” posts I was again informed by both of my cedar suppliers that there would be a four to six week wait from the mill and passed that info along to the homeowner Bill.
My crew started this project the week of August 3, 2016 by dismantling the area of the existing patio for the outdoor kitchen addition. During this week I was on a previously scheduled family vacation and could not be on site. However, I entrust all projects to my foreman who has been with the company since inception. We also facetime and discuss any issues through the week, regardless if I’m onsite or not. I communicated this to Bill on July 26, 2016 after letting him know my crew would be breaking ground on Wednesday the August 3.
My crew continued to work to clear the existing patio, set forms for posts and kitchen structures, pour concrete and prep for when the posts arrived, so we could set and anchor them and continue with the project. However, due to the delayed posts, we had no other work that could be completed prior to that. I chose to work on another project in the meantime while making Bill aware of this so he did not think we were abandoning his project—which we would never do.
When the posts came in as scheduled (09/21/16) as I informed Bill. We then set them and continued with the construction of the kitchen structure. My crew had been briefed on the ever changing and evolving project as needed. For Bill to say “We really had no changes” is an outright lie. I have countless emails including SIX proposal revisions that say otherwise. Bill even joked at one of the meetings before we broke ground that if they had to wait much longer, they’ll keep thinking of things they wanted to change.
On October 3, 2016 construction had been going smoothly. My crew had set the cedar posts and constructed roughly 85% of the kitchen structure, cut in and laid all of the conduit for gas and electric installation and prepped gravel to relay the paver floor. We had reached the halfway point of the project leaving only four days to finish the detail on the “wind wall” and the pizza oven façade, two days to lay and finish the paver floor, and two days to build the top of the pergola. Leaving only the granite supplier to set the countertops and the electrician to finish up. Minus any small finishing details. At this point, I sent Bill an email indicating I would like to settle up on the difference of the extras so the amount he owed at the end would be true to our original binding contract. As previously mentioned above there were many changes and additions throughout the project that had added up to $7,871.55. Since these were added after the original contract became binding I wanted to discuss payment for these items as they were above and beyond the original contract amount.
Bill replied to my email on October 3, 2016 wanting a complete rundown of changes and alterations to date which I emailed to him explaining everything. He replied again on the same day detailing some line items he would like to remove. I revised the estimate accordingly and returned. I also wanted to get the detail on the “wind wall” finalized, as well as the end detail on the pergola so we could proceed without delay. We scheduled to meet again on October 4, 2016 to discuss the wall and pergola details. After making adjustments from our meeting, I sent a picture of a mockup of the wall detail for them to review, and receive and response early that afternoon stating “The boss says she likes it. Greenlight.” This was October 5th, 2016.
Per Bill’s request, I submitted a detailed explanation of add-ons. I provided him with an exact amount of the changes and additions that were above and beyond what our original contract indicated. I requested the $7,871.55 be paid to get us back on our original binding contract amount of $21,628.00 due at completion of the project. Bill replied “It doesn’t state that in your terms. Sorry, that just won’t happen. I feel the outstanding balance is the only leverage I have in seeing this project done.” I replied and explained the terms refer to the original signed contract amount of $42,628.00 and that he will still have the original final payment of $21,628.00 as his leverage to see the project done.
I could understand his concern of paying for extras up front, so I offered to draw up a separate contract for just the add-ons. This is to ensure it’s in writing for his defense and mine as a small business owner that there is a binding contract of payment for services. After Bills response of needing “leverage” I became concerned that he wouldn’t pay JML for services rendered, which is why I offered a second contract. I am not comfortable as a small business owner to provide services with no proof that the homeowner has to pay at completion. At this point of progress in the project, the cost amount of labor and materials equate to the amount of the deposit. We were at an impasse.
All meetings and correspondence up to this point have been very nice, light, and cordial. There was never mention at any point of issues they might be having with JML and the services we provided. I reached out to Bill several more times to discuss a resolution. However, on October 6, 2016 I received a email threatening a lawsuit. Bill writes, “I feel that you clearly took your profits up front. Look for my reviews on Angie’s List, Facebook, BBB, Ripoff Report, and others. I’ll be honest.”
After receiving a threatening email like that I’m completely blindsided and now unsure of what his motives are, so I instruct my employees to collect our tools and leave the site until I can meet with Bill to sit down and talk face to face to see if there is something I might be missing in our impersonal emails back and forth. Never, in the 9 years of business, have I ever left a project unfinished. However, I’ve never had a client refuse to pay for what they approved outside of the original contract amount either as Bill refused.
After calling and emailing several times to try and set up a meeting with the homeowners to resolve this problem I get no response until October 17, 2016 stating “We’re considering all of our options, but we know that we will not be moving forward with JML.” Again I reply asking for their availability to meet and find a resolution to the problem instead of sending long cumbersome impersonal emails. I receive no reply nor explanation. At this point, all materials and labor have been paid.
On November 17, 2016 Bill begins submitting misleading and defamatory reviews of J.M.L Landscape Development stating more or less that I simply took his money and ran which simply couldn’t be further from the truth. Everyone in the nine years of clients can unequivocally vouch that J.M.L Landscape Development has never done this. We enjoy a great reputation for a quality product in the central Ohio market area. We’ve had nine years of great products and services for our clients since we’ve opened our doors January 1, 2008. The majority of my business is done by referral as we take pride in our work and our relationships. We also provide a warranty for services that cannot be beat. We invite you to give us an opportunity to prove it to you and you’re welcome to reach out to the long list of happy clients we’ve provided.
Jeremy Luck
Owner
J.M.L Landscape Development
614.787.5589