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• By Evelyn B.

  February 11, 2024

  outdoor oasis

  $150,000

  Unethical business practices should put Distinctively Outdoors/Mercury Decks out of business.

  First, I purchased a hot tub from them for about $25,000. Before they would order, I was told I needed to pay in full. Both Laura and Shawn seemed trustworthy - big mistake. I was promised the hot tub in time for the completion of my construction, (my 2nd transaction - see below), in April 2023. Before the hot tub arrived in April, Laura asked me for the balance, 2nd half of the payment. She apologized when I sent her copies of the cancelled checks as proof of my payment. I understand that mistakes happen. What upset me is that I guess paying up front is NOT a requirement for everyone!!!!!! Laura repeatedly told me the construction contract and the hot tub purchase have nothing to do with each other and cannot be comingled. However, they are refusing to deliver my hot tub, (not even responding to my requests), due to dispute over the construction.

  Second, I contracted with Distinctively Outdoors/Mercury Decks to do extensive work on the outside of my house. The complete project - not including the hot tub - was over $100,000. I gave them about 50% deposit upon signing the contract in November 2022. In good faith I trusted that I would have the finished project well before summer 2023 - they estimated March/April 2023. They began the project as promised. And then abandoned the project without explanation, (weather was fine) and finally completed the 1st phase 8 months later. I am handicapped and was left without access to my front door for 8 months! When I signed the contract in November, Shawn was to start the permit process immediately. He did not file the applications for the permits until the end of July - 8 months later. Every step of the way they asked for more money, including an invoice dated June 9 for "start of pavers". Pavers could not be started until the deck was complete and the permits had not yet been filed to start the deck.

  Laura complained that I asked too many questions each time she asked for another payment. I am too difficult.

  In the contract it stated that my front steps were to be demolished and new steps built. Once the work started, they realized the steps could not be demolished. (For legitimate reasons.) Without discussing it with me, they resurfaced the steps and told me the cost was the same. Including support for the roof - which was my existing post, cut on a diagonal, an eyesore for 8 months, when they disappeared. It seems to me that resurfacing steps is less costly than demolishing and rebuilding.

  The contract stated that my front posts would be replaced. Laura informed, once the project began, there was only money in the budget to paint them.

  Laura told me that the stone I picked was more expensive than the stone in the contract. She forgot that I found the stone online. In fact, the stone I picked was 20% less expensive than the stone quoted in the contract.

  I also found out that they have not paid all the workers and told them that I have not paid them.

  The final confrontation happened when they finally started working again. They required another payment, (I had paid them 80% of the total project + the full amount of the hot tub), that would leave a balance of only a few thousand dollars. The foundation of the deck was complete the patio had not yet been started - 900 sf. I refused to pay the amount they were demanding - no longer trusting they would do as promised. (And as a side note they could not have because I later learned I needed a permit for the hot tub - which they had not yet applied for.) I offered a reasonable payment plan - divide it in 3; 1 after the deck was completed, 1 after the patio was completed and the 3rd and final payment after the hot tub was installed. They refused. Shawn starting harassing me through calls and texts. Threatening to put a lien on my house, accusing me of never intending to pay........ I became the general contracted and hired others to finish the project. Now I am waiting for MY hot tub!!!!!

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