EGM Landscape Jim Evans breech of contract filed lien destroyed my yard harassed/intimidated my wife Greenfield, Wisconsin

I hereby retract my previous statements regarding this business.

The Wisconsin Department of Agriculture Trade and Consumer Protection has confirmed (file #543528) that a) The company has violated numerous consumer protection laws b) The company is operating illegally in Wisconsin as they are a Florida corporation and are not authorized to transact business in the state. I currently have a large claims lawsuit against this company for breach of contract, slander of title, negligence, destruction of property, and violations of ATCP 110 (consumer protection law pertaining to home improvement contracts). Case #2012CV003844. While I cannot force the general public to listen to me, I can use the internet to provide information regarding this company to the public so a fair and balanced decision can be made when
considering landscape contractors. I have also made a parody website to provide factual and pictorial evidence of the damage done to my property by this company. the website is http://www.egmlandscapesucks.com

The latest update to the lawsuit shows that even his (probably not for long) insurance company is attempting to distance themselves from him.  They are attempting to "bifurcate and stay" postpone the lawsuit so that they can be excused from the lawsuit and not be required to defend him.  While on March 18th, Mr. Evans posted an idle threat to his facebook page stating that he was spending thousands of dollars to get a judgment he'd never collect on, it has come to light that he is wasting the money of his insurance company and skewing reality to make himself feel more empowered regarding the situation.  We have made a final and absolute last settlement offer in this matter to the insurance company.  Should they refuse the offer, and move forward with their motion to be excused, the price for Mr. Evans' pride and refusal to admit wrong doing will end up costing him much much more than our original request of $700 for the price of materials to fix a car that one of his vehicles damaged.

So, just to confirm..

1) Mr. Evans did not provide lien rights or lien waivers at any time during the project.
2) Mr. Evans provided free work which he then charged for in an invoice that was sent via certified mail and was also attached to the lien filing.
3) Mr. Evans violated consumer protection laws, and the DATCP has confirmed this in a warning letter.
4)Mr. Evans does not argue these facts.

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My first correction is admitting to doing something wrong on this project except the following:
1. Not Notifying homeowner before entering into or signing a contract, their lien rights notice to owner, lender, and suppliers. This has been amended to my supplemental conditions of contract to which I already had prior. Now everyone, yes even the President or who ever contacts EGM for future work will sign ALL paper work. No more free work or hand shake work.
2. Not obtaining written agreement to extend deadlines for weather related delays. Contracts do state on contract weather permitting. Supplemental conditions of contract state more detail. Solution now is all rain days during any future project will also be amended and written up and signed. This would have been covered under unavoidable interruptions in my supplemental conditions of contract.
3. Any extra work over and above my written contracts, whether it is free, reduced, donated or extra will ONLY be done with amended work orders.

Back to my unethical and illegal business practices to which he states. Above is what I was warned about doing.

1. I should have required this client to sign the supplemental conditions of the contract to which ALL new customers do until we have a working relationship. This client claimed he knows someone I did work for. What he knew, was a friend of a daughter to a past & present client of mine. That saved him $ on the initial contract with him. I have a letter of high recommendation from the person who gave my number out, and has apologized many times to me for what I have been through.
2. Water runs by gravity to the lowest point, without power. When I dug below the lowest point in the base of that wall, in the back yard and it filled up and remained filled with water. I should have amended the contract at that point and had it signed this is an extra charge on my supplemental conditions of the contract (unforeseen problems) with a additional work order or the work stops until the problem is resolved by homeowner or other means.
3. This client only received the discount on the work in the initial contract because he was a referral, and the reduced work and free work was only done because he was a referral. Otherwise I would never try to help this family like I did. Plus if the neighbor had not witnessed what their plans were and gave me permission to use his property to do their work. I never would have turned a slope to now a small wall. That work cost thousands of dollars and I did not charge for it what any other contractor would have charged. This client has paid for approximately $2500.00 for over $10000.00 worth of work. This is unethical and illegal.

Plus the fact this client never gave me one chance to correct any problem he may have had in writing or replied to any certified letter I sent him. Additionally to slandering me all over the inner net, facebook, twitter, even my web site. But never sent me one letter of disproval. Look at the time he spent on the inner net, Google search EGM landscapes. All this was done, but never one letter to me about being dissatisfied. It is appalling to say the least. The wall was built and up except for the last 5 or 6 ft, 2-3 weeks prior to me finishing and never one email or letter stating being dissatisfied about caps, location, color, height nothing until he found out my free work was done. Even then I started finding out his problems from the BBB not the client to me in a letter.

Now I have stated I would go through mediation through the BBB. Only if the client wanted to pay for the service. I have already lost thousands of dollars doing any kind of business with this client. Mr. Lehman does not think the BBB is a third and neutral party. I disagree because I have had an A+ rating before being a member and during being a member in Wisconsin or Florida, and this year to cover my cost to recover the damages this client has caused me, my business, and reputation with out raising my prices, I will collect the money from donations I give like the BBB. Now in 2012 I may not be a member. This will be determined by how my phone rings. I do not advertise in the phone book, most work is past clients, referrals from past clients, and web advertising to new customers.
 
Since I have been self employed, d.b.a., or incorporated. EGM Has never had one complaint, or even and insurance claim against my company.  If anyone has lost, it has been me I have lost over $80000.00 in 98 on work because I did work on hand shakes or verbal agreement that mean nothing when you need to collect money.
 
This client did not receive any liens from any suppliers who supplied material to there property, I did not sub-contract any work done on their property and to me the homeowner acted as prime contractor or home contractor. They told me what they wanted done, and I did it. This project was built 95% by me and me alone.
 
The second day of this project, I had asked the clients wife about the placement of the steps before the steps were installed and then I placed the steps to her liking. I even extended the wall out further from the house then what I had planned. All this was done many weeks before I decided to stop anymore free work. Why write up a contract or amendment to a contract when the homeowner has no money to cover the work? I did this so I could complete a project. On my second trip for block material I had already had 143sq.ft. of block on that property, and that was on April 15, 2011. That is what the contract required. This job turned out to being 167sq.ft. of material to do what the homeowners wanted.
 
The client claims I was vacant for a month and half on this project. Between the first couple work days he claims I was there, and when I left that project. May 05, 2011 the clients wife gave me an additional payment over and above what was asked for on the contract, and was signed for on her copy of the original contract. This is in the time frame he claims I was vacant without notification to them.  Now if I did all this destruction as he claims, why would you give more money? He claims I did $12000.00 in damage yet I was only on his project as he claims 4 days and not many hours in those days as he claims I was there. In 4 days by myself, I removed an existing wall , moved well over 30 yds wet soaking soil, built the wall you seen in the pictures, and tore up a perfectly good sidewalk as he claims, removed stumps, fencing and to take into consideration the weather last spring to do this work. I must be a super human to complete all this in his time frame. Again none of what he claims is factual.
 
He claims I would not rectify a problem, I claim his wife asked me to never step foot on their property again and this was said June 2, 2011. He claims I harass his neighbor, I claim the neighbor never asked me to leave or not stop back. I even offered the neighbor help in repairing his yard free of charge and he insisted I did not have to. August 05, 2011 when the client approached me when I was on the neighbors property talking about the work the clients were doing to there property and is part of what was verbally agreed upon between the parties, Mr. Lehman again confronted me and said I was harassing him. I would not even speak to him until I had the neighbor back outside to hear and verify what he was stating. I never stepped 1 foot on his property or knocked on their door. The neighbors who stopped by while I was working there stopped by on there behalf, not because I requested them to. The neighbor east and across the street talked to me almost everyday I was there. The same goes to the clients wife. I never intimidated her on anything,  more to the fact I felt soory for her in what she had gone through with this house prior to me doing any work there. Why she told me of their money problems, (not being able to issue me a check & having to pay me cash ) , IRS problems, and the problems with there car ( unreported accidents, drinking, his driving without a license for a period of time) none of this I had asked for. I never even asked to use a rest room in there house. I drove to a gas station. This again what Mr. Lehman claims is not factual.
 
Attached are copies of the email between the client and me to demonstrate I did notify them that their project was starting late (3 days) which turned out to being 2 days, and that he thanked me for keeping him informed on the schedule, as is what I did through the whole process of this project.
 
The client also refrains from mentioning I borrowed them a concrete breaker I owned (again free of charge a couple thousand dollar piece of equipment) and broke it when he used it to break up the concrete that I removed without his permission as he claims. He also refrains from stating between the 1.5 months I was vacant from his project as he claims, he helped me personally hand dig a swale in his back yard to help drain the water I could not do with a wheel tire loader without getting stuck like I did MANY times of this project because of the current ground conditions. He even thanked me verbally for a stump that was not part of my disposal per contract from the side of the house. I disposed of it because of the weight of the stump; he never would have been able to move without a loader.  He also refrains from stating the material I was going to give them for their part of the project that was in New Berlin and they never got the ambition up to go stack it on the pallets I dropped off for them. Again free of charge, and refrains from mentioning the sod & topsoil his wifes father was going to pay for, again I was going to get for them at my discounted price and even haul it over for them free of charge, and they were going to install themselves. None of this is mentioned and is very factual. Easy understood with a lie detector test to see who is lying and who is telling the truth. This if it comes down to, I may pay for but will be requesting help to be re-paid back after the truth is known for the additional expense this client has caused me.
 
Many thing could have been resolved, if the homeowner would have replied to the certified letters I sent him.
 
I learned a lot in this transaction with this client, I have changed many business practices after my dealing with this client. The very next job I did after I completed my work with this client. The homeowner wanted additional work done while I was there while we were talking on the phone, he was upset with me that he had to leave work to stop by his house and sign an additional work order for the work he requested that was not part of the contract. Once he came home and understood what I just went through with the Lehmans, he then apologized to me. Not one job has gone by without a contract and supplemental condition of contract, even if I had already done work with them that used to be invoice only. Now everyone and yes even the President if called upon would sign or call someone else.
 
I will continue to help people, but now be more selective on who I help. Just because you eat one bad apple on the tree is no reason to cut the tree down, be more selective to which apple you pick. This now will bring me in much more income to my business and less stress.
 
My opinion is Mr. Lehman, rabiesbeaver, rabiesthabeaver , and also know as Juan Carlos made up this web site to see if there is any more complaints out their against me, and as he can see no one has contracted him. Because I am a man of my word. Now any words are in writing. No exceptions not even family.
 
Again attached are copies of the email to the clients on April 11, 2011 and his response to me. Copy of the recommendation from the so called GOOD FRIEND who gave the client my number to contact me. Copy of the last email I received from the client with again no response back.
 
I have done more then what any Intelligent as Mr. Lehman claims I lack, contractor would have done.
 
The only way I see this can be handled now is through court. That process will be dealt with this spring like I stated in the email to Mr. Lehman. I am done responding to false claims; Mr. Lehman has refused to respond to any letter or emails I have sent him. Not allowed me to correct any problems he is now claiming. Worked on his own property, without sending me a letter or giving me a chance to repair before he did any work on what he claims I destroyed. I make no claims of destruction to any such part of his property. I call them improvement to what there property was before I did any work there. So with this I close my part, and I will not respond to anymore of his claims through this web site or any other site Mr. Lehman wants to harm me, my business, and reputation. I will be letting an attorney handle this. This I should have done right from the beginning. If I was out for just money this would have been handled in a different way right from the start.
 
These are easily proven facts on my part otherwise he would have sued me if any of what he claims was true. Plus I would be in jail before I left this project for destroying his property as he claims.
 
Sincerely, Jim Evans / EGM Landscapes, Inc.

I am experiencing trouble sending attachment so I have sent them through email to this web site

I would like to thank Mr. Evans for admitting his wrong doing.  However, he still holds that he completed the contract.  He did not.  The wall was not finished properly, and the capstones were gapped and put on in a manner not consistent with quality work.  The DATCP warned him of more than the lien waivers.  In the copy of the letter that was also sent to me, he was found to have violated numerous parts of the ATCP 110 (Consumer protection laws governing home improvement contracts).  110.02(6)(n), 110.02(7)(c), 110.05(2)(b), and 110.05(2)(c). 

Anyone interested may contact the Wisconsin Bureau of Consumer Protection to receive a copy of the complaint and the findings from them with regards to the unethical and illegal business practices Mr. Evans employs.

     EGM has had one complaint since 1984, I am sorry to say.. Project area Wauwatosa. The client was referred to EGM by a past and present client. I was contacted for a retaining wall replacement. Before I gave an estimate for replacing the existing wall, I noticed that the back patio was lower then the surrounding grades, and water did not drain. I did mention that replacing the wall will not correct the drainage problem. The client had since they purchased the house 5 years earlier, been using a submersible pump to drain the water to the front yard before it drained into the basement. I had stated to leave the wall and correct the drainage issue. The client had stated they were going to work on that project themselves.
     April 13, 2011  I started this project, on the second day of construction we had the dreadful April rains and I had 8-10 of water up and against the wall. With my expertise, I was not able to continue to build the wall until the water absorbed into the ground. This problem prevented me from finishing this project on time. I did at that time give them verbal estimates to again take care of a drainage issue. Neither were in there budget. Now faced with a problem finishing the wall.
     As part of the contract, the homeowner who acted as prime contractor, were now going to face the issue themselves, and I had mentioned I would help them. But before I would help them the client had to get permission from the neighbor east to them, before I would help them on there project. I had to remove part of the neighbors yard and by doing this I would now expose an existing slope to now needing some type of retaining wall. The neighbor who are retired, did acknowledge speaking to the client and okayed EGM to proceed with helping them on a long time drainage issue.
     May 05, 2011 with water still protruding from above the wall (ground water) I was waiting on the water to absorb into the ground (dry out). Since I had done most of there part of the work, the homeowners wife gave me an additional payment not asked for by contract, for all the help I was doing for them and the fact the job was taking longer then expected due to weather and drainage issues
     After the fact that my equipment, sat in their front yard for well over 2 weeks. I was falling behind on other contracted work. I had spoken to the clients wife who is the person who signed the contract, and was the person giving the down payment. That I was going to go and start and finish another contracted job, and I would stop back upon completion of the next job. This was agreed upon.
     I did return to finish this project but was again held up by the clients, lack of ambition, to do there part as stated. This happened from day one to the second from last day I was on this project. At this time there is still no problems from the homeowners verbally or written on May 31, 2011.
     May 31, 2011 Upon returning to finish the project, no problems written or verbally. I continued to work on the wall. I had asked the clients and her father on how they wanted the wall to end. This we agreed upon, and I stated I would pick up the additional material needed to finish the wall the following day. The additional material needed, had exceeded the square amount footage on the contract. I stated with rain in the forecast again. I wanted to continue working on the grading that day, and I would pick up the additional material the following day. This was agreed upon. The clients wifes father was going to help them pay for the material to finish the topsoil and sod for the project.
     May 31, 2011 Upon finishing the grading to the best of my ability, due to current ground conditions. I needed diesel fuel for the loader. I had sent one of my business trucks to send over diesel fuel to the project. Upon arriving and having to move to allow a car by one of my trucks did back into a car owned by the client parked on the road. I did acknowledge that my truck did bump their car. At this time the clients wife had stated that the only additional damage she seen was a grill insert popped out. That the car belonged to her husband and that he had driven the car off the road in Sheboygan county and that was the cause of the damage to all sides of the car. She had stated that the damages were minimal, and we called the police for a report for insurance purposes
     May 31, 2011 upon arrival of the Wauwatosa police department, I had mentioned to the homeowner that since I had acknowledged that my truck did bump their car, and the damage was minimal, I was going to let the person who drove my truck and bumped their car leave to get to work, and I would say I was the driver. This was agreed upon at that time. When the officer arrived he stated that the damages that are present were not from my truck , and that the damage that was reported was below the amount needed to file a report. At this time it was brought to my attention that the car involved was not to be operated or parked on any Wisconsin road or highway legally since the prior year, and the car was being driven daily until then. The officer left and I continued working on the grading. The clients wife was going to speak to her husband, and he would meet with me the following morning.
     June 01, 2011 Upon arriving to the project, I noticed that the white paint on the car from the prior day was now gone. When the clients wife finally came outside to speak to me she had stated that her husband now wanted the door and front quarter panel repaired be me, and he would be home at lunch time to speak to me. I stated that was fine . When the clients husband approached me regarding the accident, I stated I did not agree with the damages but I would turn the claim in, as I did at that moment and handed my phone to the homeowner to speak to my insurance company. He then states that I was not the driver to the insurance company, which made no difference to my insurance company. I had stated to the insurance company that yes my truck did bump their car and there was prior damage to this car on all sides. I then continued to finish the work on the contract, and clean up.
     I approached the client to discuss that I was finished with the job. He stated now that he wanted me to sod the entire yard. I said that was not agreed upon, and I was not able to do that. He then asked me to leave. I then sent over a certified letter detailing the invoice that he did not want to see or discuss when I finished the job. With no response from the homeowner to me regarding the certified letter. I sent over a 10 day demand for payment letter by certified letter. Again with no response. I continued to file a file only lien against the said property. It was accepted and Filed in August 2011.
     With no complaints regarding the wall prior to June 01, 2011 written or verbally , No response to me on either certified letters.
     The client without notifying me decides to turn me into the BBB, Channel 6 news , and many other deceitful ways trying to get out from paying his over due bill. BBB closed the case and is reported. Channel 6 news closed the case because I had an A+ rating with no other complaints ever against EGM.
     The client  has written negative reports on any Google search EGM comes up on, and even opened directory advertising for EGM with false information regarding EGM. Using names as Rabiesbeaver, rabiesthabeaver, and Juan Carlos, plus his personal name. Stated I arrived drunk one day when I do not drink period, and any customer prior knows I drink Mountain dew!! He has stated on a facebook page he had opened that I have lack of intelligence as he states. 
     The client has copied a web site for EGM and slanders EGM without notifying me first in writing.
     Turned EGM into Dept. of Agriculture, Trade and Consumer Protection for filing a lien against the said property with notifying him of his lien rights. I did get a warning letter for this. But if he would have responded to the certified letters I never would have placed the file only lien.
      Feb 01, 2012 Finally getting a response from the client in an email to my personal email address. I responded that It was nice to hear from him personally, and asked what it would take to settle this claim. To this date I still have no response. I did reduce the amount of the invoice back to the original amount on the contract that is still owed.