During the eight years I have been in business I have never had a situation get to this point. I have always been able to resolve every situation that has come up and I hope by reading this you will understand. At Dean Landscape we take great pride in the work we do and do everything we can to properly take care of our customers. I think this is noted by our solid rating with Angie’s List and other consumer reporting agencies. Weather was not cooperative this past winter as it has been in the past, where we have been able to work through the winter if necessary. 2013-2014 winter came early and was a different story with temperatures well below zero much of the winter, not to mention the snow fall. Because of the weather we had limited staff so personal issues conflicted with work more than normal. Material and weather play a factor and trying to round up those materials at that time of year is more difficult. Especially with the winter we just had, suppliers stopped producing because demand dropped off when the weather changed so it made getting materials nearly impossible, but we made it happen. I had guys digging holes with equipment we use to break up concrete because the ground was so frozen. This type of work takes many, many times the labor necessary to do the work that it would take during a more common Ohio winter. The fact is I lost money on this job because of the extra effort required to do the work in extreme temperatures. I did it without question because I was trying to make the customer happy. In addition to losing money from inefficiently working in the extreme winter weather, after breaking ground on the project we found the water level was just below the surface of the lawn in many areas. I proposed a grid drainage system that would have properly drained the lawn and trees. I explained this to them and they reluctantly agreed, stating they didn’t have the money in their budget but gave me a $3000.00 deposit for the $6000.00 complete drainage system. Not only would this make a healthier environment for the trees, it would allow the entire lawn to drain, even during wet weather. After a family visit that weekend they were informed by a family member the drainage system was not necessary to plant trees and there were alternatives to this solution including raised beds and a more simple drainage system. They didn’t ask my opinion, rather told me they would only pay $1500 for the drainage system and the other $1500 from the $3000 deposit would be applied toward the balance for the whole project. I was told if I couldn’t do a drainage system and raised beds for $1500 then we would have to stop work and I would have to refund the money for the projects. I didn’t want either party to be in a worse situation so I reluctantly agreed to the terms, knowing it would be impossible to do the proposed work for $1500.00. The raised beds alone cost almost $1500.00 in labor and material not to mention the drainage system. This is another example of me going out of my way to help this customer and instead of a thank you it was literally as though it was my fault their lawn holds water. This is significant because this is why the trees are in raised beds and raised beds require significantly more moisture. If the system I originally proposed were installed (the more appropriate system for the job) the trees would not be in raised beds and it is possible this whole issue of inadequately watered trees could have been avoided as it would not require as much watering time to keep the trees moist. I hesitated to include this next part but I think it is important to make some points. I feel like this project was an issue from early on. I understand a client wants the project completed as soon as possible, and I do too, but construction, especially during the winter we just had, is EXTREMELY difficult. Other clients with similar scheduling issues asked that we hold until spring as the weather was so extreme. This sizable project was not the same situation; instead I received threatening phone calls, vulgar and offensive text messages (which I still have and will gladly share upon request but do not think they are appropriate to list here) regarding delays in the project that were likely based on unrealistic expectations after the weather turned for the worse. However, as I try to live by the motto "the customer is always right", I still continued the project and remained respectful, even today. Although I felt it was extremely unprofessional and it created an uneasy work environment for myself and my staff. As I mentioned, I hesitated to bring this up because some things are just better left un-said. However, this is important because it displays the lack of respect toward me from this client and my repeated recommendation to give the trees more water has been ignored, which is exactly why the trees have died. The issue at hand is the trees. When the trees were installed they looked green and healthy consistent with that particular variety of tree, just like the remaining green, healthy trees at the [Member name removed] residence. There was one tree that was questionable and I gladly removed it. I am including a timeline of events sent to Mrs. [Member name removed] in an email with the date stamp below regarding the trees as I think this will be the most effective way to relay the information. Fri, May 23, 2014 at 6:59 AM [Member name removed], After spending a great deal of time thinking about the best way to handle the situation with the trees at your residence I have concluded it is not realistic for both of us to be 100% satisfied with this situation so a compromise by both of us is going to be necessary for a resolution. As a follow up, the trees don't have to be in a raised bed to dry out. It's just that a raised bed will dry out faster and especially a raised bed with a drainage system. Certain areas of your lawn stay more moist than others due to different areas draining better than others much like the trees near the driveway. 3-24-14 When the trees were installed the ground was extremely moist making tree moisture adequate at that time. This is an example of why the installed drainage system is necessary. We discussed the trees need to be checked individually for moisture and watered as needed but allowing them to dry out between waterings. We discussed this standing on your back patio when I came to your house to look at the trees and patio while guys were on site finishing tree installation. 4-25-14 Another discussion about above, checking for moisture and watering as needed. 4-25-14 When you first sent me the pictures of stressed trees I said the trees need water. At that time it was 3-4 dead trees. 5-2-14 When I came to your property I again said the trees need water. I said I will also check with the nursery for additional confirmation. At that time it was 3-4 dead trees. 5-9-14 Chuck from the nursery came to your residence to look at the trees and also said the trees need water. (Quote from Chuck) "Stopped out and took look at arbs. Today. I saw 4 that are hosed. Rest I believe will survive if they are watered immediately. They are bone dry and I doubt anyone has watered at all this spring. Being in a raised bed they won't hold any water until they are established. They should be watered probably 1 to 2 times per week." (end quote). At that time it was 4 trees and he said at that point, with proper watering, the remainder of the trees will survive. 5-9-14 I informed you that my nursery contact visited your residence, shared his explanation for 4 dead trees and provided instructions on how to care for/water the remaining trees to prevent further tree loss. 5-20-14 After discussing watering frequency with you we established the trees had not been adequately watered. I agree to replace 4 trees as I did when Chuck (nursery contact) said if watered properly from this point (5-9-14) the rest will survive. I will replace any remaining trees with a 20% discount from the original price. (Which is my cost after delivery and installation. I think this is more than fair considering the number of site visits and effort put forth to stress the importance of watering and the fact that watering was still inadequate.) This is frustrating for both of us. I installed the trees but proper care after installation is up to you. According to industry standards, any plants not properly cared for after installation are not replaced free of charge. However, going against this industry standard and my business plan, I will replace four trees free of charge as an offering of good faith in effort to resolve this issue. 5-21-14 I spoke with Chuck from the nursery again Wednesday and he confirmed once again the trees were just dry. He said the trees were fine when installed and will be fine with proper care. You may want to consider a drip line watering system (inexpensive alternative to irrigation) to water the trees as it will take considerable amount of time to properly water that amount of trees by hand, which often leads to under watering. Please let me know how many trees you would like replaced at the above agreement and I will proceed. Kind regards, Micah Dean President Dean Landscape Construction Phone: 614-949-5060 x 2 Fax: 614-230-2914 One more item that should be addressed is Mrs. [Member name removed]’s comment that the trees were damaged from exposure because they were not installed soon enough. I spoke with the nursery about if this is a possibility. The nursery responded that if the trees were going to show browning/damage from exposure it would have taken place before these trees started to brown. Also noted is the fact the trees are continuing to brown only solidifies the fact that the issue is not from winter exposure as it is now June, the issue is lack of moisture. The nursery actually still has some of the trees from this same group and they are bright green, much like the remaining healthy trees at the [Member name removed] residence. If the trees had been watered properly they would all look like the remaining green ones in the pictures. These healthy trees are testament to the fact that the trees were not in poor shape when installed, rather healthy and green. As you can see from the pictures, there are very nice, bright green, healthy trees in the pictures. Mrs. [Member name removed] has stated the trees are dying because they were in poor shape when installed and this poor shape was due to exposure. By looking at the pictures, clearly the trees were not in poor shape when installed and if any plant were to be damaged from exposure the plants would show signs almost immediately. Those of us that were lucky enough to be in Ohio over the winter 2013-2014 may have noticed ever green trees and shrubs (boxwoods, taxus, ground cover, spruce, arbs, pines, hemlock, etc.) took a beating over the winter showing browning and died in many places. However, this damage caused by extreme temperatures, was evident during the cold weather or slightly after. The browning from last winter was not appearing in May and is certainly not just showing up now and that is what Mrs. [Member name removed] is saying is wrong with the trees. Obviously these signs would not be appearing 3 months later which makes her statement invalid. I truly wish she was happy with the trees as I spent a great deal of effort to put them in a healthy environment by installing the drainage system and raised beds to save the trees during the wet season. However, during much of the rest of the year including the current dry season it is imperative the trees be watered properly. My real concern is that if the advice of myself, my expert and multiple other experts in the business is not followed soon all of the remaining healthy trees on site will also die. The fact is, to water that many trees, in raised beds, with a drainage system, is no quick task. As mentioned in above correspondence between Mrs. Rice and myself, I suggested a drip line would be a simple, effective and inexpensive option to doing all watering by hand. This does not mean each tree should not be checked individually for moisture but it would provide some amount of moisture for the trees applied at a slow rate, which is excellent for absorption. Instead of taking this advice, cynical comments are made about it. I feel I have gone out of my way to respectfully and repeatedly inform Mrs. [Member name removed] the issue with the trees is lack of water, and have outlined as such. She refuses to accept this because that would make her responsible for the issue with the trees. It is a very unfortunate situation as neither party wins something like this. I feel I have gone out of my way to be accommodating throughout this entire project and I have been constantly treated with a lack of respect. There is a time and a place to “bite the bullet” and I think I have done that throughout the project, in excess of $3000 lost, not to mention verbal abuse and blatant disrespect. I sincerely want clients to be happy with their projects even if that means I lose money on occasion. I also believe it is important for a client to take care of their project after it is installed. I feel terrible about the whole situation but there has to be some point of, enough is enough. As stated above, I offered to replace 4 trees free of charge which are the trees that died before my nursery contact went to the site but after I stated the trees need more water. I also offered to replace any trees that died after that point for a 20% discount (which is my cost). This offer is more than fair considering the reason the trees are dying is because they are not being adequately watered, which is a circumstance that is out of my hands. A company does not get the Super Service Award for 3 years in a row by doing inadequate work. Dean Landscape Construction has received the Super Service Award through Angie’s List for years and in more than one category. It is unfortunate that because someone does not take the time to properly care for trees we installed, it comes back on me. Clearly we go above and beyond for our customers, I could not do anything more to help this situation aside from physically going to the Rice residence and watering the trees myself. Respectfully, Micah Dean