new pond digger from central calif

[Ruben Miranda]

Hello
I hope this company do's the right thing and come back and fix it right.

I do have a question
How old is this pond

I would also like to here that you put in a report with the better business burial and log a formal complaint.
I sure hope they are not fly by night company.

Good luck I hope all goes well for you.

Ruben

 

[pond42sliders]

Hello everyone...I agree with every body here. I did use the Judge rather than court. The company that built the pond is the only one here that builds ponds. One of their logo's says We are the only one stop shop for all your pond needs in the county. He pretty much has a monopoly. I'm actually referring to the person that manages the business, who's the boss. But, get ready for this one...the owner of the business is the Mayor of the town. So I don't know if that's in my favor or not, so to make sure things are more evenly balance I will get the media involved. Oh, I would definately be present every step of the way and be taking pictures. This pond was built on August 3rd, 4th and 5th.
I am usually having to fight my battles alone, but I haven't really lost any. I guess that would make me a Warrior?

 

[CountryEscape]

Susan, sounds like you have done this before, the court part, so you will be prepared and ready. Like Addy said, send the letter certified mail, return receipt requested, otherwise you have no proof you sent him the letter or, more importantly, and that he received it. Hopefully you gave him a time frame. Can't expect him to stop another job and run over to your house next day. I think usually (in Illinois anyhow) they expect you to wait 30 days to hear back from the individual before you file anything against them.
In my view, if you gave them dimensions, depth, drew it out, or had it marked on the ground, and THEY brought in too small of a liner, then it's their fault. If you made any changes while the build was being done, then be careful. If you have all your drawings, and their estimate in writing, what it was going to include, etc. you will be fine. If the OWNER is the mayor, but he doesn't actually do the work, then he will be very upset with his workers. I'm a little concerned with you mentioning that you hired 2 individuals that they suggested. Sounds like the "owner" didn't want to pay taxes for these individuals, so let you pay them directly. I would be a little concerned about them in this mess. Bottom line, though, is you hired the company to do the work, so the company should stand behind their work. Don't bring in the media yet, don't get that "dirty". Wait and see if they offer to fix the problem. Make sure you speak to the person who came to look at your yard, gave you the estimate, told you what he would be doing, etc. Don't talk to someone else. Go straight to the source.
Good luck!

 

[callingcolleen1]

Yes, wait first and see if they fix the problem. Go to them if possible in person, and tell them the about the liner being too short, maybe they will fix it, seeing how the problem could affect his reputation negatively, as mayor too! I would think he would fix it right away, if he is smart!

Best to avoid the stress of "court" if at all possible.

 

[pond42sliders]

Yes, I have been down this road before. Not neccessarily a hard one to travel if you can prove what your claiming to be the truth. I would never claim in court the truth if it wasn't...or begin to even try if I didn't have proof. Pond guy's fees were $800. for his eight hour day and he needed two hands to assist him. That could be his two, who would be paid the same as he was getting paid. OR, I could, to lighten the exspense, provide him with workers who would be under his direction but get paid by me. It was his sugestion and that's what I did. And, I would actually be calling on them to help prove my case. And, I can file a claim anytime but would have to wait to see if they fixed the problem in a resonable amout of time. It's just that it would be to everyone's benifit if they put on hold all other commitments and took out a couple of hours to attach one liner to another, given the area has been cleared, leveled and everything remove, rinsed and vaccumed out of the bog and surrounding area. And, the fact that the rain is coming and will be here for a few days. A mess I would not want to do, especially when it could have been a breeze of a mess to fix before. A rain like one that is exspected, could cause a much bigger problem and ...well one step at a time is all I want to take, anyways. Here's a couple more pics. The one with my foot in it shows the liner that layed under the one for the bog. There was a plant growing with it's roots completely submerged in water in between the rock where my foot is and the larger one next to it. So you can see how that was cut way too short, also. I had to put a boulder up against the liner to keep it up so the water would not seep continuously underneath it.
The proof is in the p...

 

[CountryEscape]

Well, while you are having them fix the problem, make sure they don't cut the liner at ALL!!! That way, you can fold it under, maybe make the bog bigger yourself later! Good luck, sounds like you have a well thought out plan. I'm cheering you on from way over in Illinois. :banana: :beerchug: :claphands: :fingersx: :highfive:

 

[pond42sliders]

Well, pond guy came out and looked at it. I didn't send him the "official" letter, rather I sent him a smaller version of it in an email. To make a bit a story brief, he said he couldn't take responsibility for it. He went on to say if it had been his guys out there and that happened then definately he would come out and correct the problem. I reminded him it was his idea that I try to say money and have a couple guys I knew to come work for him...under his instruction...under his "FOREMANSHIP" is the term he used.
He suggested that I arrange for us all to meet at my place to better assess the problem. He had already said how easy it would be to do, so my thought at that point was this...My words to him, (and I can hardly believe I did say all this. My emotions usually get in the way of me being able to communicate in a clear and precise manner...I do get my point across very well on paper, it comes so easy and no one ever has to question what I mean) I took a deep breath and said to him, "I don't know why you can't just step up to the plate, Micheal and do the simple job as you said it would be. And, I could arrange for everyone to meet but I don't enjoy having wasted time on something that's not going to change" I said, "So, quite frankly, at the point I would just as soon have a Judge decide. So that's what I'm going to do." He started to say something but I interupted him by saying, "I'm sorry but since I made that decision, I can no longer discuss this matter with you, and I'm going to have to politely ask you to leave." And I headed for the gate.
He apologized, so did I. Then he said he would go back to the office and discuss this with two others, one of which is the Mayor. He said maybe...oh yeah he wanted to charge me 200.00...back to "maybe we can reduce the fees, and work a deal where we both could be happy. I said I'm not happy now, and I might not even be happy if you did fix it for free this minute. I don't agree with your business tactics, and maybe this should be a lesson for you not to tell future customers that they can have someone working for you, because I'm feeling pretty good about how the Judge will think. I tell you what Michael I'm going to send the letter I drafted last night, and then you go talk to your Mayor about it, Ok?" He said, "ok"

So that how that went and feel good!

 

[pond42sliders]

I meant...I feel good!!

 

[pond42sliders]

I think it's an ego thing. Too bad he doesn't know me better, he might want to have me for a friend. I'm generally quiet, soft spoken and shy. I'm at my best under stress. And, I dispise unrightousness and egotistic carelessness towards anything, human or not. I stand for the good of all and for Oneness. I can't be defeated, mo matter what, because I live within my Hearts Soul. But he will not see me as a quiet little old lady that don't know anything, again. Even if if he does humble down and come back to fix the problem and call it charity. I will forever be seen differently more his eyes...so I'm ok with what happened. I'm not worried, it will get fixed. But, not today.

 

[pond42sliders]

opp's... IN his eyes.

 

[Ruben Miranda]

Hello
Good Job Great words and tactic and you did not cuss him out, Like I would have :razz:

YOU GO GIRL (OH can I say that) :razz: :razz: :razz: :razz: :razz: :razz:
I say it with respect

Ruben :goldfish:

 

[CountryEscape]

Agree with Ruben, YOU GO GIRL!!! I'm also female, 54, live on my own, and question every bill I get for "extras" like plumbing and electrical, and car maintenance bills. I've saved a ton of money, too. When they send 2 guys to do a plumbing job (replaced my well pump for the SECOND TIME IN A YEAR ...), and charged me 6 hours, I questioned how that could possibly have taken 3 hours for 2 guys! They responded they had to come back to town to get parts. Now wait a minute, didn't you come with a truck full of parts, and knew what you were replacing, you replaced it last winter!!! I'm pretty sure I should not have to pay for one guy to drive to town while the other stood around twiddling his fingers. I won, they charged me 2 hours total. Saved me over $150! Sometimes just asking will get an answer like, "Oh, sorry, that is incorrect. Not sure who put that in that way ..." I don't mind who did it, just as long as you correct it, is what I always say. LOL
You have that guy right where you want him, P42S! And, I think he will come back and do the work that HE should have seen done properly the first time, and you will win. Good for you for standing up to him right off the bat! I would love to have been there when you told him off in your nice way! That would have been priceless. Keep us posted.

 

[pond42sliders]

Thank you thank you. I have a feeling he will not want to challenge me after he reads the notice for intent I sent earlier. Why would he when I made things so easy for him? What a nerd for letting get this far.
I had a couple of very direct statements that will no doubt stir both intiminating and challenging emotions for him, in that letter. I said "I have been disturbed from the very beginnning, as my input was not paid much attention to." And, "that it lead me to think how the possibility for maximizing profit margins, could be reason for the cutting of corners. Ultimately, rendering the ability for sustaining normal maintanance, in an otherwise would be, properly functioning waterfall/bog featered pond" Bold? Maybe, but probably more neccessary for someone so "unresponsible". I did include examples of why that was a ligitimate thing for me to think...given the circumstances.
I ended it with this:
"I very much dislike having to do this, and it is unfortunate things were not given better attention. It is because of your awareness of things pertaining to the way my pond was built, and the fact these things have the potential of producing such significant problems, that I feel my aggressive approach to this is warranted.
Also unfortunate Micheal, is that you feel unresponsible and want to charge me more money, for what you described as 'a simple thing to do'.
I did not put a hole in my backyard just to poor money into, when what has been paid for, was to be a water containable pond.
These are my terms, if you do not agree I want a Judge to decide. Negotiating is not an option and I will not consider it "

So, he, his parter and the Mayor will make no mistake about this one thing...there won't be anymore "mistakes" made, while working on my pond. I'm just waiting for them to make a thier next move. Funny how he was prompt to respond with every other email I sent...I haven't heard a thing since he left at 2pm today. :boldblue: :claphands:

You guys are great to support me through this. It really does help alot. So thank you for taking and having interest. Good night,
Susan

 

[pond42sliders]

I'm also female, 54, live on my own, and question every bill I get for "extras" like plumbing and electrical, and car maintenance bills. I've saved a ton of money, too.

You sound alot like me. I'm always catching at&t and pg&e with adding crap and overcharges on my bills. One year I broke down each one of my friends ATT bill and on every single one there was overcharges for one thing or another. They do it ALL the time to ALL of us.

I would love to have been there when you told him off in your nice way! That would have been priceless. Keep us posted.

Me too! You'd probably be a great witness, too LOL!
I hope this comes out right I don't know for sure what I'm doing with this quote thing...
Ok, not quite, but you'll get what I'm trying to do. I'll figure it out...eventually

 

[callingcolleen1]

I hope everything works out for you, it sucks to be left with this mess, they should have just fixed the problem and avoided the headache of court. There is lots of people out to make a "quick dollar" but few who are good at what they do and take pride in their work. I try to most stuff myself now, because I save money and hate to be "ripped off", happens to all of us. Good Luck Susan, hope you "kick his butt"!