Cardinal State Brickface, Stucco & Restoration, LLP

Review: I hired [redacted] of Cardinal State Brickface, Stucco & Restoration (previously known as [redacted]) in April 2014 to remove and replace stucco on my home. The complete job was to be $10,500 and he collected a downpayment of $3500. [redacted] signed a contract stating the work was to commence immediately and be completed within a 2 week timeframe. After collecting the downpayment, he never returned to start the job. After cashing my check, he stated that he would not do the job because the wood siding was OSB and not plywood. He stated that he was canceling the contract and would return the $3500 in a month. Two months later, I received money orders totaling $1150. He performed no work, but kept $2350. He has made no attempt to return the remaining money although it has now been 9 months since he collected the downpayment.Desired Settlement: I would like a refund of the $2350 he kept when he canceled the contract and failed to do the job.

Business

Response:

[redacted] stated the consumer cancelled after he had purchased materials and spent time doing preliminary work. He did refund a portion of the deposit but considers the remainder non-refundable.

Consumer

Response:

I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

The response by [redacted] is not accurate. [redacted] signed a contract to perform a complete tear-off of old stucco and replacement of new stucco. As soon as he cashed the $3500 deposit, he made excuses for not returning to start the job. He canceled the job after trying to change contract terms. Since I was unwilling to pay an extra $5400 to add plywood instead of OSB board, he quit. The city inspector informed me that OSB board was suitable for stucco siding. [redacted] used this as an excuse to collect a deposit and not perform the job. I was not in agreement to change the written contract. When he realized he could get no more money from me, he canceled and kept my deposit. After 2 months and with police involvement, he returned $1150 of the original $3500. No work was started or completed. [redacted] canceled the job and kept $2350. Despite police intervention for obtaining property under false pretenses and advanced pay-no work, [redacted] has failed to return the original deposit. At no time did I cancel the contract or job. [redacted] needs to return the money he fraudulently collected.

Regards,