I want no conflict with the member. However, I object to groundless & misleading statements made against Third Pig Construction. I hope to answer each claim as clearly as possible. I was originally contracted by the member, to install a patio, fieldstone wall, firepit & stairs. She later requested that her yard be made, “as big & flat as possible”. This required adding & spreading 16 loads of sandy/clay fill, which was not included in the original contract. I quoted both the company I intended to use & the price per load. This added $5,600 to the project. On June 15, via email, she approved adding extra fill, writing: “I think more fill wood be a good idea, so thumbs up.” The member denies approving the additional fill & wants to be refunded for materials she received & I installed. I completed the patio, wall, firepit, stairs & spreading of the additional fill in June. During the course of her project the member asked for an estimate to build a retaining wall, privacy fence for her side yard & a picket fence for her front yard. She wanted a uniform lawn & asked that I hold off on spreading loam & seed until after the fences & wall were installed. All materials (loam, seed, hay) were moved to the rear of the property to be spread at a later date. On June 15, I wrote: “I priced out the fence you asked about…I priced two options both using high quality cedar panel…I know my fence prices are high but I only use real fence material-no home depot or Lowes allowed.” I am always upfront with customers about my “materials snobbery”. Since I guarantee my work, I don’t use subpar materials that I know won’t last. Quality products look better & last longer. I was contracted by the member in late June to install a Unilock concrete block retaining wall, custom order privacy fence & a custom order picket fence at a cost of $25,850. She paid $8,000 toward the deposit on June 26. I ordered the fencing from Spalding Fencing in Auburn, MA. The estimated delivery time was 4-6 weeks. On July 6 I requested the remainder of the deposit to hire a tree company, an engineer & materials for the retaining wall. I also asked for the balance due from project #1 (patio, wall, firepit, stairs & fill) in the amount of $5,225. The two balances equaled $10,150. The member responded that she was uncomfortable paying for services prior to the work being done, i.e. engineering & tree work. She wanted to deal with each directly, as she was loyal to a company already. She also wanted to reign in on spending, which meant holding off on a third project, an addition to her home. This is relevant because my engineering estimate included staking her lot for the fences & wall as well as a boundary survey for the addition to her home. This saved time & money by having all engineering done at once. However, my cost was not $5,000 as she states. The engineering cost was $3,200 for staking & surveying. I responded: “I understand entirely… I have revised your proposal to exclude both the civil engineer, & the tree clearing.” This change brought the total contract down from $25,850 to $18,450. I removed $3,200 for engineering & $4,200 for tree removal. Tree removal is an essential factor in building a retaining wall. Not only must the trees be cut & the stumps ground but the root system absolutely must be removed. To install a retaining wall the subsurface must be completely level & compacted, this is not possible with roots present. Cutting & grinding stumps levels the surface area, but allowing the root system to remain poses problems for the integrity & stability of the wall. Over time the roots will decay & the ground will shift causing whatever is on the surface to shift & possibly collapse. I remove the entire root system before installing a retaining wall, thereby guaranteeing the future integrity of the structure. The member hired a tree company to cut & grind trees & stumps. They did not remove the roots. On July 24, she emailed that the site had been staked. On August 1, she emailed that the trees had been removed. I responded: “…still planning to be at your place on the 15th to start the retaining wall. The fence should be here by then, but if not I will come back as soon as it arrives.” On August 14 the member emailed to verify that I was still on schedule. I was completing another project at this point, which had a minor delay. This unfortunately pushed my start date for her project back 3 days. I replied to the member email: “I am a few days behind schedule. Unfortunately, I am contractually obligated not to leave this job, but you are absolutely next. Once you told me that the engineers & trees were done, I moved everyone on my schedule (except the one I just started...”. The member replied: “I've put down a lot of money and at this moment I feel cheated. I need to be made whole and if that's by starting this week, refunding my deposit, or seeking the assistance of my attorney...that's entirely up to you. This isn't a "no problem" situation, because I've been waiting all summer and it sounds like I've been put off indefinitely.” Her reply was surprising. True, I was delayed 3 days, however, the fence order wasn’t fully ready, her engineering was completed July 24 & the trees were removed August 1, just two weeks prior…far from all summer. I asked if we could meet. She replied: “Honestly I don't have time (especially this month) to hear why my project hasn't started yet.” 30 minutes later she wrote: “If you find it necessary to plead your case to someone maybe you can try my mother, seeing as it's her retirement that has paid you, thus far.” Clearly, she was upset about the delay and I wanted to return to her project as soon as possible. I’d planned to finish my current project within the next two days & resume work on the member project. On August 16, one day past my estimated start date, the member sent an email detailing the monies I owed to her. She wrote: “In total I'm seeking a refund of $13,075. However that number will be higher, do to court costs and TVM, when I pass everything over to my attorney to handle, tomorrow.” She concluded: “Otherwise be prepared to be served in the upcoming weeks. I can't imagine how favorably the court, (BBB, Angie's List, and local media) will look on a guy who stole the retirement money of a grandmother who just wanted a yard for her special needs granddaughter to play in. A yard where the child lives with her struggling single mother (the medical bills for her child's services are extraordinary), who can't hold down a full time job because the child's service schedule is so demanding.” I take threats to my business seriously & contacted my attorney. Two individuals called me on behalf of the member. First, Steve, the tree contractor called wanting materials delivered. Most customers do not appreciate construction materials sitting unused on their property. Since the member & I had agreed to wait for the fence, there was no reason to have concrete block delivered to her home, especially since she has a young child who could potentially injure herself. The second call was from the member’s ex-husband/attorney. He wanted her deposit returned. I was unwilling to do so. I had already spent money on her project & was now liable for the full cost of the fencing. Plus, I would be forfeiting profit from completing her contract. I wanted to resume our relationship & complete the project. Our attorneys spoke & I was assured we could resolve the issue. I agreed to complete the project if the member agreed to put the remainder of the contract balance in escrow & allowed an unbiased third party to inspect the quality of my work & determine if the contract had been fully executed. Only then, would I be paid. The member refused. Mediation failed when the member cancelled at the last minute. She has also refused to settle, so that we may both move on. My goal from the beginning was to complete the member’s project in a timely & professional manner. However, I was never given the opportunity. The member broke her contract with Third Pig Construction, hired another (cheaper) contractor & now wants monies beyond that which she paid. I have made every effort to resolve this amicably. However, the member is attempting to be made better than whole. She’s seeking to turn a profit from violating our contract. Further, the member is using Angie’s list & similar sites as forums to damage my reputation. The member has abused her power as a consumer by making false claims against me. Unfortunately, this is now a matter for the court to decide& while I sincerely regret it coming to this, I also welcome the opportunity to defend both the quality of my work & my character. I’d like to thank my customers who, despite a scathing review, stayed the course. The highest praise for my business is a referral or a repeat customer, and I work tirelessly to that end. I remain committed to providing exceptional craftsmanship, customer service & a positive attitude.