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Concerning: Aerial Arborists Joey Sirmans, Owner 15029 Caruthers Road Dover, Florida 33527 813-294-1459 |
My Information: Michael LeBlanc Thonotosassa, Florida 33592 |
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In the fall of 2007 we decided that we needed to finally have some tree trimming work done at our home in Thonotosassa, Florida. We live on just about 2 acres and have numerous grandfather oaks on the property. In the past we had lost one of our larger trees to a lightning strike and feared that we had lost another during one of the storms of that prior summer. We decided that instead of just getting a "tree company" to come out and do work, we were going to go the route of hiring a certified arborist to make sure our trees were healthy and trimmed properly. In December of 2007 we contacted a company by the name of Florida Landscape Doctor in Plant City to find a certified arborist to come to our home and give us some assistance with our trees. They referred us to Aerial Arborists for the work. Soon after that Joey Sirmans, the owner of Aerial Arborists, came to our home and my wife and him took a tour of our yard and discussed the work that needed to be done. He assured us that the work would be done professionally, safely, and most importantly that he would be present during the work so as to make sure the job was done properly. How he talked about trees and the work he would be doing impressed my wife so much that when Mr. Sirmans gave us a written quote of $3,000 for all of the work, we pretty much decided to give him the job. They were to trim all of the trees in our yard and cut down any of the trees that were either dead or in danger of damaging a structure. Over the next week or so we had another company come in and give us an estimate and not only was it higher, but my wife still thought that Aerial Arborists would do a better job. Upon hearing that we decided to go with Aerial Arborists, Mr. Sirmans informed us that it would be about 2 or 3 days of work and that he could be out the week of December 17th. As it so happens, this coincided with the week I was planning to take off of work. As that week approached, Mr. Sirmans calls us to let us know that they will be at our home on Wednesday, December 19th at 9:00am to start work. Wednesday, December 19th, 2007 - Before beginning work, Mr. Sirmans takes me around the yard and explains to me again all of the work that is to be completed. During this I had him verify with me that they were only going to be dropping limbs and cutting the larger ones up into firewood length logs and that I would take care of all of the cleanup (I don't mind doing the work, it saves me some money, and I get firewood). Once this was completed, Mr. Sirmans got in his truck and left his workers to start the work. We thought that perhaps he was just running an errand since he told us he would be present but unfortunately, he did not come back until that evening. The first thing that they started doing was cutting out all of the dead wood from the trees out front. We had one smaller oak that was dead and needed to be taken down. Unfortunately they hit our fence and bent one of rails in the process. Since that part of the fence had been hit and repaired once before, I didn't really care too much about it, but there was no mention of the fact that they had hit it. When they started trimming up underneath the oaks out front, they cut them back a lot further than my wife had requested and since Mr. Sirmans was not present, he was not there to correct them. Due to their late arrival, and the fact that it gets darker sooner in the winter, they did not have all that much time to work but did stay until it was almost completely dark. Thursday, December 20th - Part of the work that was to be completed was the cutting of a couple of trees that were hanging over our large (50x50) steel workshop on the back of the lot. As my wife and I were sitting in the house, we started hearing very loud banging sounds and went out to realize that they cutting the limbs off one of the trees and allowing them to drop directly onto the roof of the shop. The guy doing the cutting came down out of the boom truck and explained that he 'couldn't help it because the tree started falling apart but there was no damage to the roof of the shop'. Well upon inspecting the roof from within the shop I could see the dents in the metal roof where the logs had hit it. Again, I decide that it is not really a big deal since I understand that this will happen and as long as there are no holes made in the roof then I fine. I go back outside to explain the situation and that since I store a 1963 Lincoln Continental and a 1970 Mustang coupe in there, I'd prefer that the roof stay intact. Gary (the guy doing the cutting) assured me that he was going to be sure to tie everything off from that point forward, which he did, so no more damage to the shop. Probably the largest, and most dangerous, part of the job was a very large oak on the back of our lot that was 99% dead and needed to be taken down completely. When they started taking the limbs off, they again dinged our fence and bent yet another post, and again, there was no mention of the damage (at this point I had resigned myself to fixing a few areas of the fence). While they were finishing up that tree, Mr. Sirmans shows up and requests that he get paid even though the job is not done (which is kind of odd since it stated on his estimate that it was payment upon completion). His reasoning was that the workers were going to stay that day until the job was done anyhow so it should be considered "done". He also stated that he needed the money so that he could pay his employees that evening. After some discussion, it was decided that I would pay him a portion of what was owed when he returned that evening (yes, he got back into his truck and left again). While he was gone I decided to pay him a third of the money since I wanted to give him enough to pay his workers but not so much that he would say "close enough" and not return to finish the job. Right next to the large tree they cut down, there was another that had a very large limb that was dead that hung over into the neighbor's yard. When cutting this one, they managed to drop it directly onto the fence, crushing it flat. Since they had to mention this one, they told me that they would come back with the items needed to fix the fence properly. Again they work until it is just about completely dark and at the end they inform me that the work is completed and that they wanted me to do a walk through with them to inspect the work. I explain to them that since it is dark, I cannot very well sign off on work that I cannot completely inspect. I do, however, point out the fact that the logs had yet to be cut up and there were some relatively large dead limbs that needed to be taken out so they finally agreed that the job was not done. A short time after the workers leave, Mr. Sirmans shows up and I inform him that I would be handing him a check for $1,000. After some discussion, he eventually agrees and departs with the check in hand. Before leaving, he informs me that they had another job to do in the morning but would be back in the afternoon to finish up. An hour or so after he leaves I get a call from Amscot wanting to verify the check with me before cashing it for him; which I, of course, did. Friday, December 21st, 2007 - Mr. Sirmans and I now get into a discussion on payment. The job is 95% complete but it is still not complete. We continue talking until finally he gives me a date certain that he will be out to complete the work; this date was January 5th at 1:00pm. With that and his words of "all I have is my word to you that the job will get done", I, regrettably, paid him the remainder that was owed to him with another $2,000 check. After about an hour or so of just chatting about work and the like, Mr. Sirmans leaves my home to go and cash the check. He proceeds to go to Amscot again but they refuse to cash it since my check of the prior day had not cleared. He calls me to inform me of this and then asks that I pay him in cash instead. At this point I flat out refused since I figured that I had already made enough concessions. Mr. Sirmans then goes on to tell me that he needs the money that weekend so that he can take his kids to Disney World for Christmas. He came up with a number of suggestions so that he could obtain his money quicker, some of them being filling out the check to CASH and cashing it myself at Amscot, letting his friend have my credit card number so that he could run the transaction through his friend's business, etc. After thinking about it, I offered to give him $500 in cash and then rewrite a check for $1,500; this way I would have a paper trail of payment and he would get enough money to take his kids to Disney World. I tried calling him back but could not reach him so I left a voice mail explaining my offer. Saturday, December 22nd, 2007 - Sunday, December 23rd, 2007 - Thursday, January 3rd, 2008 - Post January 5th - On February 26th, 2008 I submitted a complaint to the local office of the Better Business Bureau and according to their website, they will have sent a formal letter to Aerial Arborists within two business days of receipt of the complaint and then they will give them 14 days to respond. While doing that, my wife is getting in contact with Florida Landscape Doctors to discuss with them the experience we have had with a company they referred us to. The owners were very nice and apologized for what had occurred and assured us that they would not be sending any more business to Aerial Arborists. They even went so far as to see if they could assist us in getting the job completed correctly. The longer this goes unsettled the more phone calls I will be forced to make. We may not get anywhere and we may end up having to hire someone else to come out and finish the job, but we at least want to make the facts of this incident known so that people looking to Aerial Arborists for their tree work can read through this and make a better informed decision. This account is by no means slanderous, it simply outlines the facts of what happened during our dealings with Aerial Arborists. Nothing more. Sincerely, Post write up events.. March 17th, 2008 -
Complaint ID#: 67108345
Business Name: Aerial Arborists You recently requested our help concerning a problem with the above-named company. The company has not responded to the Bureau to date. We would like to know if the company has contacted you directly to resolve your complaint. We encourage you to use our ONLINE COMPLAINT system to keep up with the progress of this complaint. The following URL (website address) will take you directly to this complaint. You will be able to enter your response directly on our website: <WEBSITE ADDRESS REMOVED> Sincerely, BJ Baker Trade Practice Specialist I updated the BBB complaint via the website and then made another attempt to contact Mr. Sirmans via his two email addresses that I had
for him:
Joey,
As you may or may not be aware, I have contacted the Better Business Bureau and filed a formal complaint with them. According to their records, you have not responded to them about the complaint. The last time I talked to you, I asked that you give me a final date as to when you would come out to finish the job and you asked that I give you until that following weekend to hear from you. That is what prompted my filing to the BBB. As another course of action, we have also contacted the Florida Landscape Doctor to let them know of all that has gone on. As a result, I sincerely doubt that they will be referring any business your way. ALL I am wanting is an hour or two of your time to finish this or a partial refund of the money that I paid you. If you fail to respond to the BBB complaint then I will have no other choice than to escalate this matter further. - Michael In under 15 minutes I had a response from him via email:
Hey...I told you that I would be more than happy to come back out there and dice that log up....after reading your complaint that
states that there was so much more work that I didn't do.....cmon mr. leblanc .....I did over and above what I had estimted.....
I walked the job out with your wife....correct???? Then on the day we do it, I mmet you for the first time and you have changed all
kinds of stuff....what did I do....I tried to oblige as much as possible.....then you tell my workers all kinds of stuff ....
tell them the price of the job...that is so not cool....you tell them all kinds of stuff...you told them that you gave me cash...
what a lie...you gave me a check....not even to a local bank...rather a home equity line....it did me no good what so ever....
that one take down in the back of your yard alone was worth the job....think about it. I am not mad...just can't believe what
my workers said that you told them...how unethical.....and bad business that is telling workers the amount of money in the job...
and you know what my workers laughed at me and said man I was dumb....that this was a 7 thousand dollar job all day long.....
they asked if you were family.....yeah imagine that....take it to thye next level....I have probono representation that costs me
nothing....I am sorry you feel the way you do....taking that tree downto the trunk was something you added, we were just going to
make it safe....that was never part of the plan your wife and I had( downing it all the way..for I wasn't hauling anything) take
care....still waiting on money for a big saw....I will call u if you can wait...no hard feelings....do what you need to do though....
My response:
Joey,
I have *no* problem with waiting... what I have a problem with is not knowing exactly what is going on. You told me that you would call me before the end of that week and you failed to do so. I even waited a few extra days to see if you would pull through with AT LEAST a phone call. Since the last day you were here, how many times have you called me? That is right... none. I always had to be the one to call you. Like I told you the last time I talked to you... I have been VERY patient and understanding but am unwilling to continue with (what feels like) you stringing me along. Your memory seems to be short... I don't recall changing anything about the job. When you and I walked the yard that day I simply nodded my head to all you were saying that had to be done. If anything, I could say the same about you in that you were going to take down two of the three trees in that group that was overhanging the shop. When your workers told me that you said only one had to come down, I could have said "Well take that off the bill then".. but I did not because I was happy that we were not losing another tree and figured that you were doing enough work as it was and a hundred dollars or so was not a big deal. As for me talking to your workers... My wife and I showed them the contract so that they knew what needed to be done since there was a discrepancy between what they were saying and what you had written down on the estimate. As for the rest... in my defense.. I was taken aback when you asked for payment for a job that was not completed... then you asked for half of it. Your own estimate said payment due upon completion. You left me between a rock and a hard place... I could have just as easily said that you were not getting anything until the job was done. Me paying you a portion of the money for the job was me doing something for you and your workers. By the way.. I never told them I would pay you cash.. I would not have said check either though.. I distinctly remember saying "enough money"... and it would have been "pay him enough money"... not paid as in past tense since the money was never brought up again after I handed you the check... so if they told you that I told them that after the fact, then it was they who lied... not I. When it comes down to it, if you are running that lean that you did not have the money to pay your workers... why is that my issue? No other company would have asked for that. If I had brought in Pete and Ron's, I can guarantee you that I would not have been asked to fork over a dime until the job was completed... and they were only $800 more than you were. We went with you NOT because you were cheaper... but because my wife trusted you to do the job correctly and, more importantly, professionally. There is much more that my wife said you two discussed that was never done, such as you being here the entire time the work was being completed because you pointed out that other companies did not do that.. that the person that did the estimating would not be back out. Thinking about it now, I think that if you had actually been here the entire time (or a good chunk of it) that a LOT of this would have been solved immediately! In regards to the tree in the back... I never said anything to your workers on what to do with that tree. I was only out there for a span of 10 minutes watching them take down the very top of it. When I came back out they were taking down the trunk. I am sitting here right now looking at your estimate and the last line says "Safely down all dead trees" (and you even underlined the word all). I recall the only thing I reminded them of was the large branch on the other tree that was over hanging the fence... and the only reason I mentioned that was because you had pointed it out to me that you were going to take care of it. You even said you would trim up the palms and make them look nice (which we never asked for.. so when you didn't do it I was not at all concerned). I never even complained about the front fence that was hit... or the back one for that matter. The only part of the fence that I asked you to fix was the area that was crushed flat by the one limb out back... and even then I was out there helping you guys fix it. I even went so far on the last night to ask your guy if there was a chainsaw I could pick up and help with the chunking of the logs. Does this sound like someone that is asking for too much? I think I was very fair with my explanation to the BBB on what had transpired. Reading over the complaint it says "Two days of work passed by and although they did most of the work, they did not complete the job and Mr. Sirmans admitted that there was still some work to be done." I really don't think this translates to 'so much more work' that was not done as you say. It simply says that you did most of the work but there is still some that remains. To tell you the truth... I would have much preferred NOT to have had to file the report at all. I would have rather had you come over on or around the time that you promised.. finished the job and then us sit around with a beer and BS about glass work and what not. As you said... there are no hard feelings. This is strictly business and I am treating it as such. - Michael To date I have not received a response. |
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