White Stone Painting
Added on November 15, 2015, by Reviewer531973
ComplaintPaid the contractor a materials deposit which he did not use and refuses to return to us. Signed a contract in violation of MASS consumer regulationsPaid $1600 for materials of which the contractor claims he spent $414. He is refusing to return the balance, nor will he show us the receipts proving how much he actually did spend.He also signed a contract in direct violation of numerous regulations of the Mass Consumer Protection Agency, with whom he is licensed as a home improvement contractor. In a separate contract, we paid him $1000 deposit out of $2200, Mass Consumer Protection prohibits a licensed contractor from accepting any more then one third the total project costas a deposit.Desired Settlement$1600 for the materials, unless he can prove with receipts that he actually spent the $414 he claims, PLUS, $633, which is the difference between the $1000 deposit and the amount he was legally obliged to charge us.Business Response Contact Name and Title: ****** ***** *****Contact Phone: XXX-XXX-XXXXThe contract was not in full violation of Mass law. The contract was corrected and the homeowners refuse to sign an up to date contract that is in accordance to the laws. The homeowners agreed to complete the house in the spring (although they will lie and tell you they did not) in which I have proof. Upon us making this arrangment I did not know what the total amount due to me for work completed thus far. I told ****** and **** I would do an accountant and let them hold any deposit due to them through the winter as I thought it was the rite thing to do if work completed thus far did not add up to the deposit. The house contract was not the only contract we had. After agreeing to complete the house in the spring a subcontractor (*** ******* was working on the other contract which involved reglazing 36 windows. I have proof if you need it, that *** ****** and the homeowners have a "secret deal/plan" as *** explains it to me in a communication (I can send this communication if needed)Shortly after *** telling me about this secret plan the homeowner asked for an accounting of what was used of the deposit. At this point I had 8 aluminum ladders at the homeowners house worth $2500.00 in which the homeowners had taken captive. My subcontractor *** stole 14 of the windows and will not return them to me. I have been requesting them over and over again and receive no response from him. Upon asking the homeowners over and over what is going on they only give me a smug look and say "wheres our windows" I did the numbers of what was completed on the home, the homeowners owe me $4,500.00 for work completed. I even gave a discount. They are inexperienced and thing the work is not close to being completed when it truly is.here is the direct quote from the email I sent them: "9. Total $4,400.00 In labor. 10. Carpentry work was a complement to you, being free, but did total between $150-$300 (I'm not looking it up seeing as your not being charged for it) and materials about $10011. Materials for your house include: Scraper Blades, blue tape, 6mill plastic, trash bags, respirators, tyvek suits, HEPA filters, staples, rubber gloves, caution tape, sandpaper, cleaning supplies.12. Materials total $414.00(not including carpentry)13. My ladders are valued at $2,500.0014. Total: $7314.00. Paid $4,600.00 leaving $2714.00 with ladders and if ladders are returned leaves a balance of $214.00."After hearing from *** they had a secret plot agenst me I told them I was no longer interested in completing the house in the spring in which ther were ok with.As the situation sits now: My ladders are still being held captive. I am considering persuing criminal charges but wish deeply not to because I truly feel these guys are my friends. I believe they were influenced by the subcontractor *** ******* Another important detail about *** ****** is *** lied about having the proper licencing to complete certian jobs. Although *** never completed any work for me that required this license he still claimed to have one. Upon further investigation he did not have this license needed. Also I descovered *** was on trial for 12 federal charges in which you can read about here: ***********************************************************************************I believe *** is extorting me and may be using the homeowners to help him. I am not aware if they know fully what is going on. I have tried to make them aware. I have also mentioned finishing the project for the homeowners in the spring as we priginally agreed to before *** ****** began his plan/plot of extortion. My ultimate goal is to see that the homeowners are happy.I am currently getting in contact with the federal officers in charging *** ****** with extorting $52,000.00.Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.)On June 12, 2014, Complainant contracted with ****** ***** dba White Stone Painting to prepare, restore and paint Complainant's house with an approximate completion date of August 23, 2014. The total contracted amount, signed and agreed upon by both parties for said project, was $6,000 labor and $1,600 materials. As of January 7, 2015, the preparation and restoration remains substantially incomplete, and no priming nor painting has been done. Items detailed in the contract which remain undone include, but are not limited to:-Plane between solarium windows-Sink and Bondo hundreds of rusty nails-Test west porch window sill. Remove paint and view. (Paint or remove paint from remaining sills)-Repair above west porch door-Repair of west porch in front of house behind siding-Repair southwest soffit corner-Remove nails above east porch-All siding imperfections-Repair N. East soffit-Prep includes scraping, shaving, sanding, and washing (Complainant Note: The soffits and eaves on 3 sides of the house are still not prepped, scraping and sanding of the house is far from complete, and no shaving and no washing were done anywhere. Mr. ***** passed the August 23 completion date by months, therefore whatever work was done will now require touch up in the spring, when washing will be required as well. Several lengths of clapboard were severely damaged when scraped by Mr. *****' workers and will require substantial repair if not replacement. Hundreds of staples used to hold plastic around windows and at base of house will need to be removed. Several brackets used to hold storm windows were removed by Mr. *****' workers and had to be replaced to reinstall storm windows.)-Following prep, the house will be spot primed (Complainant Note: Since the prep isn't finished, no spot priming has been done.)-Lastly, two coats of finish paintUnder the contract's heading "Full Exterior Includes," no work has even been started on the following items:-Arbor including repairs-Well posts-Fence rails in backThe section of the house between the kitchen chimney and the outdoor shower are almost entirely untouched. In that area, Mr. ***** promised to use scaffolding instead of allowing workers to stand on a fragile cedar shake roof to do this section. In Mr. *****' absence, which was practically every day, Complainant had to tell workers that they couldn't stand on the roof to work. Five shingles were broken. As scaffolding was never brought on site after that, no further work on this section of the house was done. The wire chase holding the electric supply there has not been re-attached to the house.The above comprises at least half of the labor BEFORE priming and painting two coats.While Mr. ***** claims the job to be 90% complete, clearly it is only 33% complete at best. In September, Mr. *****' workers abruptly walked off the job site never to return because they had not been paid in 3 weeks. That he incurred additional labor costs beyond those contractually agreed upon is irrelevant.Massachusetts OCABR Home Improvement Contractors regulations, with whom Mr. ***** is licensed (#XXXXXX), limits contractors' deposits to a maximum of 33-1/3%. Mr. ***** required and received 100% of the $1,600 materials costs on June 12, 2014. Mr. ***** has engaged in misappropriation of funds by applying Complainant's materials deposit to "additional" labor costs, contrary to contractual agreement. In criminal law, misappropriation is the intentional, illegal use of the funds of another person for one's own use or other unauthorized purpose. Despite several requests, Mr. ***** has even failed to produce proof of payment for any of the $414 in materials claimed. On July 14, 2014, Complainant contracted with Mr. ***** to remove glazing on 35 windows and storms and to restore, re-glaze, paint and reinstall said windows at an additional cost of $2200. Mr. ***** required and received a 45% deposit of $1,000 on July 14, 2014, again in violation of Massachusetts OCABR regulations limiting deposits to 33-1/3%. In November, agreeing to work directly with Complainants, Subcontractor restored, re-glazed, painted and reinstalled the storm windows on December 26, 2014. Subcontractor did not steal anything, contrary to Mr. *****' assertion, and Mr. ***** has been given proof that his claim is false. The Subcontractor has yet to be paid the $550 promised and owed by Mr. *****, leaving Complainant to pay Subcontractor. Complainant and Subcontractor had no "secret deal/plan" or "secret plot," as Mr. ***** alleges, but rather worked together simply and solely to get the storm windows finished and back on the house, since Mr. ***** proved incapable of doing so. The Subcontractor's personal and legal issues, as well as his business relationship and agreements with Mr. *****, are irrelevant to this complaint.Neither contract was ever "corrected" nor signed by Complainant as Mr. ***** claims. Only recently did Mr. ***** inform Complainant that he intended to re-write the contracts, and he was told that Complainant had no intention of signing a "retroactive" contract. Both original contracts are still legally binding. Months ago, Complainant agreed only to discuss allowing Mr. ***** to complete the job in spring but agreed to NOTHING further. Contrary to Mr. *****' claim, carpentry was not "complimentary" but rather included in the contract. Of all the carpentry listed, only two repairs were done, and they were done so poorly as to require re-doing. One was re-done incorrectly, and the second remains unaddressed.The glazing of the house windows has been removed. Three house window panes were broken by Mr. *****' workers. To date, none have been replaced; no windows have been re-glazed.Mr. *****' inability to insure the restoration and reinstallation of the storm windows until December 26, 2014 caused Complainant to incur additional heating expenses. Complainant has lodged a formal complaint against Mr. ***** with the Massachusetts OCABR for his numerous violations of contractor regulations governing contract language and deposits. On December 2, 2014, another homeowner in a similar dispute with Mr. ***** lodged Complaint #XXXX-XXX with OCABR. Complainant has made numerous attempts, via dozens of e-mails, texts, phone calls and an in-person meeting with Mr. *****, to resolve this issue and recoup funds, all to no avail. Mr. ***** has been told repeatedly that he can have his ladders, used hard and worth substantially less than the $2500 he claims, as soon as Complainant receives the money owed by Mr. *****.Rather than being "friends" with Mr. *****, Complainant is a completely dissatisfied customer whose house exterior is a shambles and to whom Mr. ***** owes a substantial amount of money. Copies of original contracts, all correspondence between Complainant and Mr. *****, and pictures of damage and unfinished work will be furnished upon request.It is highly recommend that this contractor's current Revdex.com A- rating be lowered significantly in light of his inability to complete work, misappropriation of funds, non-payment of subcontractor and workers, multiple violations of Massachusetts regulations and OCABR and Revdex.com complaints.Final Business Response I am sending the information requested. I do not have any more receipts to submit. I have other items used on the project but they were brought from other projects and they say other names on them. In response to the last reply: I have included the quote for the aluminum siding. They asked if I would do it. As for the house being completed in the spring I have forward the email where they agree that we had an agreement we would do it in the spring. If you need help finding it in the email please contact me. The work was stopped before November. It was closer to the beginning of October end of September. We could have done much more work to the house. I agree that there were 3 panes of broken glass when we arrived.We planned to use a roller to applied the paint in the spring and back brush the paint to spread in and work it in. It is not as fast as spraying but close to it. It allows for the quality of the brush but not taking the time of just using a brush.I will stand to offer $1,000.00 for the inconvenience of not completing on time with the requirement of returning my ladders.They already have received well more than what they have paid. Best,**** ****** *****White Stone PaintingOffice: XXX-XXX-XXXXCell: XXX-XXX-XXXXFinal Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.)Response contains inaccuracies and outright lies. I am still waiting to hear the results of the analysis from the discussed 3rd party as to how much work was actually completed.