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D&D Mulch and Landscape Ruined Our Yard, Still Not Rectified .

Complaint
Review by peg965 on 2013-06-11
Rating: StarEmpty StarEmpty StarEmpty StarEmpty Star
BELLINGHAM, MASSACHUSETTS -- In late September, 2009 D&D Mulch and Landscape sold and delivered to our property loam/topsoil and mulch that was tainted with enormous amounts of demolition debris - technically 'solid waste'. I witnessed the delivery of what looked like topsoil. Over the next few weeks, our sprinkler system and the rain rinsed off what was *really* delivered by D&D Mulch and Landscape. The solid waste debris collected so far contains (but is not limited to) fragments of :
asphalt shingles
circuit board
fuse
spark plug
clear glass
windshield glass
brown/green/yellow/purple/red/clear glass
foil
plastic – hard fragments
plastic – pieces of sheets/bags
nails – some rusty, some not
screws
wire
wire covering
various metals
mirror fragments
fabric
tile
grout
styrofoam
brick

These fragments range in size from smaller than a BB to nearly two inches in length. D&D's proposed solution was to rake our yard and deliver free replacement material. Fragments smaller than a BB can not be removed by raking.
To ensure that 100% of the hazardous materials are removed - so our 3 children can once again play safely - the yard needs to be scraped and then restored. When presented with that, what we see as the only solution that would guarantee the removal of ALL the solid waste that D&D is responsible for in our yard, the owner Paul [snip] replied, "I gave you my solution. If you don't like it, you can sue me."

Unfortunately all efforts to prompt D&D Mulch and Landscape, Inc. to remove the solid waste from our yard were unsuccessful and we were forced to file suit. In early June, 2012 we prevailed, as the jury found D&D Mulch and Landscape Inc. responsible for Breach of Contract, Negligence, and Breach of Warranty.

In the spring of 2010 Mass Department of Environmental Protection collected evidence from our yard. Based on that evidence the Mass DEP started an investigation of D&D Mulch and Landscape and in early August, 2012 issued a Notice of Non-Compliance to D&D. The Notice of Non-Compliance directed D&D Mulch and Landscape, Inc. to remove the solid waste from our property.

Despite the civil trial jury verdict in our favor and the Massachusetts Department of Environmental Protection's Notice of Noncompliance issued to D&D Mulch and Landscape Inc., there remains in our yard visible, abundant amounts of solid waste. Over three years after this nightmare began our yard is still unusable. Our three children have not been able to play in our yard for over *three years*.

As we have repeatedly stated to the owner of D&D Mulch and Landscape, all we want is our yard back. D&D Mulch and Landscape Inc., DO THE RIGHT THING.
Fragments of glass, brick, and asphalt shingle that was mixed with what was supposed to be screened
Fragments of glass, brick, and asphalt shingle that was mixed with what was supposed to be screened
Comments:2 Replies - Latest reply on 2013-06-17
Posted by Soaring Consumer on 2013-06-12:
I suggest consulting with your attorney about filing a motion of contempt.
Posted by peg965 on 2013-06-17:
Thank you for your suggestion.

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