There is a lot here. I’ll do my best to address everything. For clarity’s sake, the review is written by [Member Name], who was not involved in any discussions, estimates, or approvals for any work. When we approached her, she claimed a lack of knowledge, passing us off to her husband in all things. She wrote this in retaliation for the lien I placed on their property, which she threatened to do in an email dated 11-6-14. We provided an estimate for tree removal dated 4-1-14. It was approved, and completed 4-11, and 4-12. On 4-12, my foreman and I were there working alone. We found a pile of rotten logs and a large pile of pine branches added to the debris. I asked that no further work be added without an approved estimate. I was told they didn’t do it and had no idea what I meant. My climber came for an hour that afternoon. He had his 9 year old son with him; however, his son wasn’t there to work and wasn’t anywhere near my equipment. My climber, in his words, brings his son to work, when he can, not to have him work, but to see what it’s about. The boy made a pile with some smaller sticks and branches and watched us move logs up from the lakeshore. There’s nothing wrong with it, and I resent the implication that I exploit children in my business. They requested a landscape bid, so I visited the site and talked to [Member Name] via phone for installing riprap for proper shoreline retention. I dated the estimate 4-16, and emailed it. On 4-22-14, we completed more tree work, after which [Member Name] requested I meet with him at his property. I did, made changes to the existing estimate, dated it 4-24, and emailed it. The next contact was 6-3-14, requesting another site visit. We were unable to coordinate schedules until 7-5-14 when [Member Name] made further changes, (fieldstone instead of riprap, excluding his limestone brick for smaller fieldstone). I told him I could bring 10 yards of dirt to fill his waterlogged area; the dirt is $25 per yard and delivery is $35 per load, with the understanding that my truck hauls 3-5 yards. I said it was $300.00 to bring a machine to level; I don’t own one, renting as needed. He said that was fine. I changed the estimate, dated it 7-5-14, emailed it the 7th, and scheduled the job for 7-18-14. 7-18: My supplier was out of screened dirt, but referred me to McConnell Construction. This delayed us by 2 hours. I delivered 3 loads: 2 with 3 bobcat buckets of dirt each, and one with 4. I counted as I was loaded and noted on their estimate the number of buckets for each load. McConnell said their bucket holds 1 yard. I have a handwritten receipt from them, saying I picked up 10+ yards on 7-18-14. There’s no project location on the handwritten receipt or tickets indicating where the dirt was delivered, because they didn’t deliver it; they sold it to me. We didn’t leave ruts in their yard, because [Member Name] asked us not to. When I went to pick up the bobcat, there was an electrical failure in the wiring connection for the truck to control the brakes and lights on the trailer. I spoke to [Member Name], apologizing and explaining that I would rewire it myself that afternoon, returning the next day. Unfortunately, the following morning, 7-19, the truck’s water pump blew, which put my truck in the shop over the weekend and through the evening of Tues, 7-22. I scheduled them again for Fri, 7-25, which was rained out. For the following week, I scheduled Thurs, 7-31, and Fri, 8-1, along with the following Tues, 8-5. [Member Name] called that week to say the dirt I brought him wasn’t enough for what he wanted. He never questioned the quantity. He wanted more, and I told him the same $25 per yard previously agreed to. He suggested that I go to Saldana, which was close to his property, and attempted to negotiate a better price, knowing theirs. In light of the fact that they work in construction, and have said they are aware of how much 10 yards of dirt is, I find it disingenuous that [Member Name] didn’t correct the confusion when I told him 10 yards would do what he wanted. I declined to lower my price; he agreed to pay it. 7-31: I went to Saldana, picking up one load of dirt. I counted five bobcat buckets. I asked the loader if it was 4 or 5 yards; he said “closer to 4” than 5. I wrote “+4 yards Saldana” on the same sheet I used to track the other loads. I picked up the bobcat, leveled all 15 yards and, upon request, relocated some mulch from an area near the shoreline. I made a pile with the bobcat under the trees as directed, but he complained that it was a quality product that he expected me to move carefully and install decoratively. I told him that this landscaping was never discussed, nor was it in the estimate. It’s true: the dirt I delivered on 7-18 sat uncovered for 2 weeks before I leveled it on 7-31. It doesn’t harm dirt to be exposed to the elements, and it wasn’t in danger of washout. It was in a bowl-shaped area that typically filled with several inches of water. In the heaviest conceivable rainfall, the worst that could happen is it would get wet, which it does in every supplier’s sale yard each time it rains. 8-1: I sent my foreman, Jeremy, and laborer, Keith, to begin removing the existing boulders from the shoreline. They were onsite from 8:00am to 1:45pm, for which I paid them. I needed Jeremy to leave the job for about 30-45 minutes, for which I deducted a full hour. (5.75 + 4.75 = 10.5 man hours). That morning, [Member Name] called to say he still didn’t have the dirt for what he wanted. He said, at this point, I should bring him dirt for free until he felt he had enough and bring a machine to level it at no additional charge. I said I met my obligations according to our agreement, and I wouldn’t bring him dirt for free or level it for free. He then tried to get me to bring it in at my cost, which I refused. He asked me to meet that day to reevaluate the project. I told him I can’t meet on short notice; I don’t have last minute care for my children. I can’t bring them with me; they’re toddlers, and it isn’t possible to have a professional conversation while making sure they’re safe and respectful. At this point, he said he could get dirt, bring in a machine, and take care of it himself. We agreed that my obligation for dirt was completed, and we would move forward with the shoreline. Jeremy called shortly before they left for the day to say that [Member Name] had talked to him, asking him to intervene with me. He said [Member Name] thought I was angry with him and wanted Jeremy to talk to me about bringing dirt in at my cost. Jeremy said they told Mr.F that, even if I sold him dirt at my cost, I am still using my truck, with wear and tear and fuel costs, which are unreasonable to expect me to cover, especially when I did what I agreed to do. He asked Jeremy to try and get me to meet with him. The work day was cut short for a family obligation. I planned to attend a cancer-walk for my sister-in-law. I am a Care-Giver, which is an honored group of direct supporters, who are allowed to walk with the survivors immediately after they walk the first lap alone, and before the general public is allowed to walk the track. The walk was scheduled for 6pm in Princeton. I asked Jeremy to return no later than 2pm to give us adequate time to get ready and travel with 2 toddlers. At the time of their departure, [Member Name] spoke VERY kindly of this obligation and were VERY supportive. With [Member Name] requesting a meeting, I suspended work until an agreement was made. I was unable to coordinate a meeting that weekend, so I canceled Tues, 8-5, nor was I able to coordinate a meeting the following weekend. 8-11: I received a call from [Member Name], asking me the status of the project. She was unhappy with the timeline. I understood her feelings, but I was uncomfortable continuing work when we were experiencing repeated confusions. She then told me she was meeting a contractor that day. She asked for an invoice to date and terminated services. I readily accepted her decision and emailed her an invoice. I charged them the agreed to prices for the dirt, the delivery, and the machine I brought to their property. Labor costs were never discussed, because they were included in the cost for the project, so I billed the labor as I would for any hourly work: $25 per hour per laborer. Her calculations are ridiculously disrespectful and incidentally are what they kept trying to get me to agree to. I did file for court in Stearns County, which was dismissed for the wrong venue. I have taken 3 customers to court for refusal to pay in nearly 7 years in business. The other 2 lived in Stearns County, so I overlooked the instructions for filing in the county the defendant resides. [Member Name] came alone to court, though she says “we” in her review. I brought my receipts, copies of my schedule book, my load tracking doc, witnesses, and copies of emails between us: in one she says that Saldana told her I had “picked up 3-4 loads of black dirt at $12.50 per yard,” and that she refused pay for labor “for a job that was never finished.” She brought [Member Name] work schedule, (to prove that he wasn’t working on 8-1, though she didn’t bring his schedule for 7-18). She also brought unrelated pictures of piles of dirt and dump trucks. She had no pictures of her own yard, or the work that was done. I was unfamiliar with the returning of shared documents in a dismissed case. When she requested it, I said that wasn’t how I understood it. She asked the judge, and he confirmed. There was no “firmly” about it; the judge was kind and professional. She seemed particularly suspicious, wanting to make sure that I returned “all 8 pages” to her and was counting them as I left. My choices were: travel (3 hrs round trip) to Hennepin County to file, wait for a hearing date, and travel again for the hearing, likely without my witnesses, who missed work; or to file a lien 20 min away, which I have the legal right to do. It was an easy decision. They owe $777.50. The lien remains until I’m paid in full, then I will provide a lien waiver.