I have finally been able to print out [redacted] "rejection of the offer to accept her proposal" with the stipulation that we were offering only to make some minor adjustments to or three two piers closest to her sliding glass door necessary to adjust the closure of the door. I was totally unaware of [redacted] response apparently originally submitted the in close proximity of time to my original response. I didn't even begin looking for a response for several days after my reply, and did not actually view same until November 23, 2015, the day were leaving town for the Thanksgiving Holidays. I tried to print the complaint and the attached contract, with [redacted] reply, but was unable to do so until today. My copy of the contract was in storage, and I was going to reply from out of town while on holiday, but I was unable to view the contract until today.The first thing I must point out, because she has challenged my truthfulness is that now where in the contract, could I find [redacted] contention that the contract contained any warranty clause of any duration, much less a warranty of one year. As I stated in the initial response, I did not call such a clause, and as stated, if there was one it must have been special for [redacted]. Therefore, I asked that this clause be pointed out within the contract. The fact that she did not identify the clause by number and simply attached the contract with a mere allegation, supports the fact that she knew all along the contract did not contain such a warranty.Such a warranty would not be our policy, in especially in a home with [redacted] particular problems. As we reported in our prior response, we do not provide a warranty, because we feel it would be dishonest to do so, and pointed this out to [redacted], in that clause number 9, is an exclusion which are contained in most professional leveling contracts, which would exclude warranty coverage for "subterra changes or shifting terrain" excluding subsequent claims for re-leveling and/or damages for shifting or settling of the foundation or piers.Upon our initial inspection, I asked [redacted], whether this home takes water drainage or run off from the adjacent lots, and she replied that not only did the home take run off from the lot behind hers, but the one to the left as well. She pointed to rocks along the fence line to the left of the house and stated that they were there to divert water flow, but was insufficient and she was going to build something more permanent. Upon our beginning work, we did an additional inspection and informed [redacted] of our findings that the rear of the home (towards the left fence line) and that the initial inspection of the ridge cap confirmed by suspicions of problems with the ridge cap were cause by a lack of lag screws, and that settling had caused the two halves of the trailer to come apart, that there were no lag screws to hold it together, when settling took place and that the huge gap in the ceiling had cause the water damage, where when it would rain water would come down her sheet rock, actually existed prior to my first inspection of this house. Additionally, this inspection revealed that there was no flashing or cover under the shingle which also compounded the water damage that existed prior to our work. Though we found the entire ridge cap needed flashing, and lag screws, we felt sympathy for [redacted] health problems and financial circumstance and only charged her for one half of the ridge cap. We advised [redacted] that the problems with run off/ drainage of water coming from the rear lot was compounded by the fact that the garage was attached to the structure, which violates all known rules for placement of any adjacent structure to a mobile home, in that a slab building of any type is going to have a different settling rate regardless of the compounding problem of additional run off from the lot behind [redacted], and that from the roof of the attached garage. I advised [redacted] that his area of the roof line was separated the most and that the two halves had to be pushed together from the outer beams of the house (a normal process called racking) which should have been done initially and for which she would have a warrant claim against the original installer. That this process could not be guaranteed, because the amount of adjustment to the rear half of the trailer was limited due to the attached building. We did spend a lot of extra time on the door adjustments, but this was expected, as we were concerned about sealing up her ridge cap first. At one point, during the work [redacted], though present became unavailable, non-responsive at either door or by telephone so the final adjustments on the rear door was the last thing to be completed after we were packed up and ready to go, because we could not get a previous response.warned her that due to the house being attached in the frontneeded the most adjustment two diffethis simply is not our policy
as concerns Mr. [redacted] most of what he says is accurate, with some exceptions. The contract was signed after inspection of the mobile home and site inspection of destination lot. I spent a half day with Mr. [redacted] on this first day between the drive time to and from, and inspection of the...
mobile home and site inspection of destination lot. At the time of the site inspection Mr. [redacted] was not prepared to relocate this mobile home at either the origination site of his own property. So I gave him advise on building a proper pad site and gave him the names and numbers of a couple of dirt contractors we have used in the past who are capable as we did not have the time for that though we do that. After going over the contract with Mr. [redacted], line for line and addressing each question he had, he kept a copy to review at his leisure. a few days later he called me to set an appointment to get on my calender in line with my book of business. You see Mr. [redacted] understood that I already had in place a book of business that was in line ahead of him with signed contracts and a non-refundable booking fees/deposits paid; who patiently waited there turn to be moved. The non-refundable nature was bold and in the largest print on the page; and the last line before the signature line as required by the Texas Secretary of State. Further Mr. [redacted] asked if that clause meant what it said. I told him yes of course, that is how we are assured that the first expenses of delivering materials crew and trucks would be covered. \ He had further questions, like what the clause was before it, "We refer to the clause as you cannot take my stuff clause either for resale or otherwise." This is a clause where he cannot remove, cause the removal or allow my equipment, axels, tires, trucks, trailers to be taken by anyone whether on his behalf, direction or control or not. That breaching this agreement constitutes defacto breach of contract and liquidated damages, as stated therein exh[redacted]g any deposit Mr. [redacted] paid. However, before even getting to a duty to render service Mr. [redacted] was supposed to provide us a copy of the Bill of Sale showing his right to move it. This was purportedly the reason for the delay in not booking the move at the first meeting. On Monday evening following the first meeting Mr. [redacted] called wanting another meeting later in the week to sign and book his move. Mr. [redacted] delayed that meeting to the following Saturday so he could get his Bill of Sale signed. Mr. [redacted] understood he was to provide this along with proof of ownership of his lot or a letter stating he had the right to place the mobile home on the lot in question. Mr. [redacted] understood that this was to be provided to us prior to our beginning work. To date we have not received same. Mr. [redacted] contacted us that he was having difficulty getting his Bill of Sale, but failed to provide even the documentation on his lot. We advised him to send it by email, or photograph it and send it by phone. Still nothing. The there was one delay after another with having the electricity for the house re routed because it apparently serviced a water well for the company next door. This was further complicated by the weather both for my schedule and for Mr. [redacted] building his pad site.The [redacted] trailer was delayed inordinately because it seemed that every rain we got since January rained on that origination lot. When that trailer was finally moved we had placed plate steel under the tires and winched that home off the lot. We were working in 3 to 4 inches of standing water on those final days of that move. After weeks of delays on Mr. [redacted]'s end he finally called me saying he was ready for his mobile home. I asked that he send the paper work and I would get to him as soon as possible. I was finishing up with the [redacted] move and Mr. [redacted] was calling 3 times per day. He stated that the electricity was not re -routed but would be shortly, as an accomodationI delivered materials myself personally to his trailer on two different occassions, Plastic for weatherproofing the trailer ($126.00 cost); wood stripping $29.00; a box of lag screws $56.00, all of which was purchased for Mr. [redacted]'s job exclusively. We brought out axels and tires plywood for matting of the soft ground, cribbing, and hardware for the tires axels and tongues, $60.00 dollars of this was new and for Mr. [redacted]s job; on the third time the crew, and the big truck was delivered to the site immediately upon our arrival from [redacted]. As we did not receive the three weeks notice and time delay we usually require, the first day the crew was working, I was unavailable for Mr. [redacted]'s move but I sent my driver of five (5) years and two laborers to put the axels and tires on and begin other prep. Mr. [redacted] was with them the entire day, calling me asking me questions, Like why did my driver have to leave to get water. He had been gone 10 minutes and Mr. [redacted] acted like he left for 10 hours or wasn't allowed to use the restroom. When the driver returned he found that Mr [redacted] had been talking to the spanish laborer in spanish, and that now that labor refused to work. Though the driver attempted to motivate him throughout the day.The next day my driver refused to return to the job site; the spanish laborer was not asked to return. I told Mr [redacted] that I didn't know why he was attempting to sabotage his own job. He told me that he wanted me personally and that at any other workers would not suffice. I told him that our working on his job was an emergency accomodation because he felt his trailer was in danger of demo.(I questioned his reasoning in that the seller just made the trailer available), but I was trying to work with him. But now he had caused his own problems by running off the driver, where he refused to work on that job; the client demanding me personally,, would now have to work with my schedule and though I was trying to squeeze him in, there were four days in a row where my schedule prevented me from prepping his job including one weekend and I made this clear to Mr. [redacted].By the end of the week, I talked my driver into continuing the job if I could get the client to back off, so he could work and the contract also calls for this in certain situations. However, when we showed up on Thursday the home had been moved and my slip axels, tires, plastic, equipment, hardware, etc...., was all stolen. I recalled Mr. [redacted] state that the trucker who built his pad site lived in the area, and Mr. [redacted] stated that he was good at turning a wrench which to me looks like he personally took my equipment and used it for his move, instead of waiting his turn in line, saved a dollar, stole my equipment, broke his contract; is liable for damages; and now is using the Revdex.com to leverage a return of earned funds. You see Mr. [redacted] is aware that the contract has a "binding arbitration provision" but he doesn't want that because he never gave any ultimatum or drop dead date; Every conversation, he seemed pretty happy with the fact he run off my driver and understood the scheduling problem, with having to accomodate his emergency which may or may not have been a fictitious emergency, which every client was doing every time rain was projected in the forcast; or it could have been that he was having problems with his bill of sale paperwork as he always forgot to provide it when he was around me, my crew and would not send it via email or photographically. To resolve this matter I would be willing to pay $200.00 for the return of my property that he took and used to move his trailer, without my written permission as required by contract.
Complaint: [redacted]I am rejecting this response because:Mr. [redacted] has constructed a lengthy and detailed fable regarding what he told me about the settling of the house vs. the garage--he never told me any of this. Even if it is all true, the rate of settling would not have been conspicuously different in a period of a few months during a drought season with no rain. Furthermore, I have no water drainage issues. The water leak that caused the compromise of two piers was corrected long before I hired Mr. [redacted] to do the leveling work. I maintain that the house was not properly leveled at the conclusion of his work. In fact, he raised the house several inches, compromising both front and rear attached structures (an attached covered front porch and an attached garage. It appears that the front of the house is significantly higher than the rear of the house, and this needs to be corrected. It is believed to be the cause for the buckling of the flooring, misaligned doors, and the failure of the roof cap that he repaired which has resulted in moisture coming in the center seam of the roof line. It simply is not level.I have a contract signed by Mr. [redacted] that includes a one-year warranty. He knows this--it was his contract!I told Mr. [redacted] at the conclusion of the work that the back door was not opening properly. He argued that the problem must have existed prior to his work, and he accepted no responsibility for it. I insisted that the door was opening fine prior to his work. It was late evening (after 8pm) and dark when Mr. [redacted] concluded his work, and I did not expect him to stay any later to resolve the sliding door issue, but we did discuss the need for him to come back and resolve it. While he spent the next few months incommunicado, I was busy dealing with a brain tumor and this was not my top priority. Mr. [redacted] knew this. Mr. [redacted] did contact me by phone since this complaint was filed, but I was at work and could not go into this issue. I asked him to call me in the evening or on the weekend, but he has not.I need for him to come and resolve these issues ASAP, as this work is delaying the installation of a new roof.Regards,[redacted]
Complaint: [redacted]
I am rejecting this response because: It was our understanding that the bill of sale would be taken care before the move or the total deposit would be refunded. Your driver with limited experience and the two men that he picked up on [redacted] with no experience showed up late that afternoon on May 5th, not all day as you mentioned. I called you and told you that they only had enough hardware to mount one hitch and the driver was having difficulty with his first and only axle, you said that you would be there the next day Friday May the 6th. As to the bill of sale, I told I had it and would give you a copy the next day. No show not even a phone call, I called several times with no answer and left messages. I wasn't till later that day using a different phone that you answered and told me that your driver quit and you would be coming out Saturday and Sunday No show or not evening a phone call. For your truck and what materials that were left behind after not returning do the job your were hire to do they were abandon on your behalf. Basically as the original complaint. I will take $1500.00 refund and I will give you $500.00 for putting me in a bind with the business owner next door and having to borrow an additional $2000.00 to hire someone else to do the job. Your contract stated Move, Block, and Level which you did none of. I built the pad my self and I also told you and your driver that if anything left behind can grow a set of legs it would be best to take it with you because since the tenants moved out the mobile home has been broken in and the property has continued to be looted. When the mobile home was moved their was axles, tires, and materials on the ground, if you would have showed up to do your job in the 3 days like stated before signing the contract. Everything you say you brought would still have been there.
Regards,
[redacted]
Dear Ms. [redacted]; The work performed was satisfactory to Ms. [redacted] at the time of performance. Several Months lapsed with the only contact from Ms. [redacted] being that she wanted us to perform some additional jobs (ie.., paint and texture work all of which was pre-existing to the work that...
was done on her mobile home. When we entered into the original contract our inspection found that the garage, which is on a separate (slab) foundation, was settling at a different rate than that of the home which is set on standard mobile home pads 16" x16" x 4". However, we informed her that the primary problem which was going to continue to be a problem in the future, without significant expenditure, was that the garage was structurally tied to the trailer instead of being freestanding. The varying sinkage or settlement rates are further compounded by the fact that the garage is on higher ground than the trailer and the run off from that roof line runs under the trailer at the point of which her complaint focuses. I believe that her primary complaints surrounding the back door is more likely than not related to the sinkage or settlement of the garage. The day we completed the work we had to adjust the level on the trailer artificially lower than the rest of the home to reflect to allow the backdoor to open and close freely. I explained to the client that without additional work to divert water flow from the garage and adjacent properties that she was going to have continual issues with her foundation and the backdoor (which worked fine when we left). Furthermore, I received no contact from this client for at least thirty to sixty days at which point there was no complaint about settling but a request for paint, texture and sheet rock work that pre-dated our contract. It was not until some time in the spring that she complained of sinkage and problems with the rear door, at which point I was out of town for approximately five (5) months. I do not recall a warranty provision of one year in her contract if such exists I can assure you it was special for [redacted], and if proven we will honor it. However, this type of settling is not something for which we or any other foundation company would be liable for as it is "sub-terra" changes and excluded from all foundation contracts and ours' in particular. Regardless of any warranty or exclusion, if she had called me direct with the matter of her rear door opening or closing properly improperly we would have made an accommodation for Ms. [redacted]' and taken care of the problem. I apologize that I was incommunicado starting in April until just a few weeks ago. To make amends with this client regardless of warranty and exclusions, as a compromise, will offer, free of charge, my services to remedy her sliding glass door problem. The caveat being, just as it was when services were rendered previously, that until she diverts the water flow from under her home she will end up with this issue again; and thus, the "subterra changes clause of the contract will be invoked for any further work, after this compromise settlement". Again, the problem is that the garage is sinking more rapidly than the trailer, creating stress on the door and we can adjust the trailer once again for the door to open and close if this will make Ms. [redacted] happy. Thanks, in advance for your attention and cooperation. Sincerely, [redacted]
I have finally been able to print out [redacted] "rejection of the offer to accept her proposal" with the stipulation that we were offering only to make some minor adjustments to or three two piers closest to her sliding glass door necessary to adjust the closure of the door. I was totally unaware of [redacted] response apparently originally submitted the in close proximity of time to my original response. I didn't even begin looking for a response for several days after my reply, and did not actually view same until November 23, 2015, the day were leaving town for the Thanksgiving Holidays. I tried to print the complaint and the attached contract, with [redacted] reply, but was unable to do so until today. My copy of the contract was in storage, and I was going to reply from out of town while on holiday, but I was unable to view the contract until today.The first thing I must point out, because she has challenged my truthfulness is that now where in the contract, could I find [redacted] contention that the contract contained any warranty clause of any duration, much less a warranty of one year. As I stated in the initial response, I did not call such a clause, and as stated, if there was one it must have been special for [redacted]. Therefore, I asked that this clause be pointed out within the contract. The fact that she did not identify the clause by number and simply attached the contract with a mere allegation, supports the fact that she knew all along the contract did not contain such a warranty.Such a warranty would not be our policy, in especially in a home with [redacted] particular problems. As we reported in our prior response, we do not provide a warranty, because we feel it would be dishonest to do so, and pointed this out to [redacted], in that clause number 9, is an exclusion which are contained in most professional leveling contracts, which would exclude warranty coverage for "subterra changes or shifting terrain" excluding subsequent claims for re-leveling and/or damages for shifting or settling of the foundation or piers.Upon our initial inspection, I asked [redacted], whether this home takes water drainage or run off from the adjacent lots, and she replied that not only did the home take run off from the lot behind hers, but the one to the left as well. She pointed to rocks along the fence line to the left of the house and stated that they were there to divert water flow, but was insufficient and she was going to build something more permanent. Upon our beginning work, we did an additional inspection and informed [redacted] of our findings that the rear of the home (towards the left fence line) and that the initial inspection of the ridge cap confirmed by suspicions of problems with the ridge cap were cause by a lack of lag screws, and that settling had caused the two halves of the trailer to come apart, that there were no lag screws to hold it together, when settling took place and that the huge gap in the ceiling had cause the water damage, where when it would rain water would come down her sheet rock, actually existed prior to my first inspection of this house. Additionally, this inspection revealed that there was no flashing or cover under the shingle which also compounded the water damage that existed prior to our work. Though we found the entire ridge cap needed flashing, and lag screws, we felt sympathy for [redacted] health problems and financial circumstance and only charged her for one half of the ridge cap. We advised [redacted] that the problems with run off/ drainage of water coming from the rear lot was compounded by the fact that the garage was attached to the structure, which violates all known rules for placement of any adjacent structure to a mobile home, in that a slab building of any type is going to have a different settling rate regardless of the compounding problem of additional run off from the lot behind [redacted], and that from the roof of the attached garage. I advised [redacted] that his area of the roof line was separated the most and that the two halves had to be pushed together from the outer beams of the house (a normal process called racking) which should have been done initially and for which she would have a warrant claim against the original installer. That this process could not be guaranteed, because the amount of adjustment to the rear half of the trailer was limited due to the attached building. We did spend a lot of extra time on the door adjustments, but this was expected, as we were concerned about sealing up her ridge cap first. At one point, during the work [redacted], though present became unavailable, non-responsive at either door or by telephone so the final adjustments on the rear door was the last thing to be completed after we were packed up and ready to go, because we could not get a previous response.warned her that due to the house being attached in the frontneeded the most adjustment two diffethis simply is not our policy
as concerns Mr. [redacted] most of what he says is accurate, with some exceptions. The contract was signed after inspection of the mobile home and site inspection of destination lot. I spent a half day with Mr. [redacted] on this first day between the drive time to and from, and inspection of the...
mobile home and site inspection of destination lot. At the time of the site inspection Mr. [redacted] was not prepared to relocate this mobile home at either the origination site of his own property. So I gave him advise on building a proper pad site and gave him the names and numbers of a couple of dirt contractors we have used in the past who are capable as we did not have the time for that though we do that. After going over the contract with Mr. [redacted], line for line and addressing each question he had, he kept a copy to review at his leisure. a few days later he called me to set an appointment to get on my calender in line with my book of business. You see Mr. [redacted] understood that I already had in place a book of business that was in line ahead of him with signed contracts and a non-refundable booking fees/deposits paid; who patiently waited there turn to be moved. The non-refundable nature was bold and in the largest print on the page; and the last line before the signature line as required by the Texas Secretary of State. Further Mr. [redacted] asked if that clause meant what it said. I told him yes of course, that is how we are assured that the first expenses of delivering materials crew and trucks would be covered. \ He had further questions, like what the clause was before it, "We refer to the clause as you cannot take my stuff clause either for resale or otherwise." This is a clause where he cannot remove, cause the removal or allow my equipment, axels, tires, trucks, trailers to be taken by anyone whether on his behalf, direction or control or not. That breaching this agreement constitutes defacto breach of contract and liquidated damages, as stated therein exh[redacted]g any deposit Mr. [redacted] paid. However, before even getting to a duty to render service Mr. [redacted] was supposed to provide us a copy of the Bill of Sale showing his right to move it. This was purportedly the reason for the delay in not booking the move at the first meeting. On Monday evening following the first meeting Mr. [redacted] called wanting another meeting later in the week to sign and book his move. Mr. [redacted] delayed that meeting to the following Saturday so he could get his Bill of Sale signed. Mr. [redacted] understood he was to provide this along with proof of ownership of his lot or a letter stating he had the right to place the mobile home on the lot in question. Mr. [redacted] understood that this was to be provided to us prior to our beginning work. To date we have not received same. Mr. [redacted] contacted us that he was having difficulty getting his Bill of Sale, but failed to provide even the documentation on his lot. We advised him to send it by email, or photograph it and send it by phone. Still nothing. The there was one delay after another with having the electricity for the house re routed because it apparently serviced a water well for the company next door. This was further complicated by the weather both for my schedule and for Mr. [redacted] building his pad site.The [redacted] trailer was delayed inordinately because it seemed that every rain we got since January rained on that origination lot. When that trailer was finally moved we had placed plate steel under the tires and winched that home off the lot. We were working in 3 to 4 inches of standing water on those final days of that move. After weeks of delays on Mr. [redacted]'s end he finally called me saying he was ready for his mobile home. I asked that he send the paper work and I would get to him as soon as possible. I was finishing up with the [redacted] move and Mr. [redacted] was calling 3 times per day. He stated that the electricity was not re -routed but would be shortly, as an accomodationI delivered materials myself personally to his trailer on two different occassions, Plastic for weatherproofing the trailer ($126.00 cost); wood stripping $29.00; a box of lag screws $56.00, all of which was purchased for Mr. [redacted]'s job exclusively. We brought out axels and tires plywood for matting of the soft ground, cribbing, and hardware for the tires axels and tongues, $60.00 dollars of this was new and for Mr. [redacted]s job; on the third time the crew, and the big truck was delivered to the site immediately upon our arrival from [redacted]. As we did not receive the three weeks notice and time delay we usually require, the first day the crew was working, I was unavailable for Mr. [redacted]'s move but I sent my driver of five (5) years and two laborers to put the axels and tires on and begin other prep. Mr. [redacted] was with them the entire day, calling me asking me questions, Like why did my driver have to leave to get water. He had been gone 10 minutes and Mr. [redacted] acted like he left for 10 hours or wasn't allowed to use the restroom. When the driver returned he found that Mr [redacted] had been talking to the spanish laborer in spanish, and that now that labor refused to work. Though the driver attempted to motivate him throughout the day.The next day my driver refused to return to the job site; the spanish laborer was not asked to return. I told Mr [redacted] that I didn't know why he was attempting to sabotage his own job. He told me that he wanted me personally and that at any other workers would not suffice. I told him that our working on his job was an emergency accomodation because he felt his trailer was in danger of demo.(I questioned his reasoning in that the seller just made the trailer available), but I was trying to work with him. But now he had caused his own problems by running off the driver, where he refused to work on that job; the client demanding me personally,, would now have to work with my schedule and though I was trying to squeeze him in, there were four days in a row where my schedule prevented me from prepping his job including one weekend and I made this clear to Mr. [redacted].By the end of the week, I talked my driver into continuing the job if I could get the client to back off, so he could work and the contract also calls for this in certain situations. However, when we showed up on Thursday the home had been moved and my slip axels, tires, plastic, equipment, hardware, etc...., was all stolen. I recalled Mr. [redacted] state that the trucker who built his pad site lived in the area, and Mr. [redacted] stated that he was good at turning a wrench which to me looks like he personally took my equipment and used it for his move, instead of waiting his turn in line, saved a dollar, stole my equipment, broke his contract; is liable for damages; and now is using the Revdex.com to leverage a return of earned funds. You see Mr. [redacted] is aware that the contract has a "binding arbitration provision" but he doesn't want that because he never gave any ultimatum or drop dead date; Every conversation, he seemed pretty happy with the fact he run off my driver and understood the scheduling problem, with having to accomodate his emergency which may or may not have been a fictitious emergency, which every client was doing every time rain was projected in the forcast; or it could have been that he was having problems with his bill of sale paperwork as he always forgot to provide it when he was around me, my crew and would not send it via email or photographically. To resolve this matter I would be willing to pay $200.00 for the return of my property that he took and used to move his trailer, without my written permission as required by contract.
Complaint: [redacted]I am rejecting this response because:Mr. [redacted] has constructed a lengthy and detailed fable regarding what he told me about the settling of the house vs. the garage--he never told me any of this. Even if it is all true, the rate of settling would not have been conspicuously different in a period of a few months during a drought season with no rain. Furthermore, I have no water drainage issues. The water leak that caused the compromise of two piers was corrected long before I hired Mr. [redacted] to do the leveling work. I maintain that the house was not properly leveled at the conclusion of his work. In fact, he raised the house several inches, compromising both front and rear attached structures (an attached covered front porch and an attached garage. It appears that the front of the house is significantly higher than the rear of the house, and this needs to be corrected. It is believed to be the cause for the buckling of the flooring, misaligned doors, and the failure of the roof cap that he repaired which has resulted in moisture coming in the center seam of the roof line. It simply is not level.I have a contract signed by Mr. [redacted] that includes a one-year warranty. He knows this--it was his contract!I told Mr. [redacted] at the conclusion of the work that the back door was not opening properly. He argued that the problem must have existed prior to his work, and he accepted no responsibility for it. I insisted that the door was opening fine prior to his work. It was late evening (after 8pm) and dark when Mr. [redacted] concluded his work, and I did not expect him to stay any later to resolve the sliding door issue, but we did discuss the need for him to come back and resolve it. While he spent the next few months incommunicado, I was busy dealing with a brain tumor and this was not my top priority. Mr. [redacted] knew this. Mr. [redacted] did contact me by phone since this complaint was filed, but I was at work and could not go into this issue. I asked him to call me in the evening or on the weekend, but he has not.I need for him to come and resolve these issues ASAP, as this work is delaying the installation of a new roof.Regards,[redacted]
Complaint: [redacted]
I am rejecting this response because:(See Attached Contract )
Regards,
[redacted]
Complaint: [redacted]
I am rejecting this response because: It was our understanding that the bill of sale would be taken care before the move or the total deposit would be refunded. Your driver with limited experience and the two men that he picked up on [redacted] with no experience showed up late that afternoon on May 5th, not all day as you mentioned. I called you and told you that they only had enough hardware to mount one hitch and the driver was having difficulty with his first and only axle, you said that you would be there the next day Friday May the 6th. As to the bill of sale, I told I had it and would give you a copy the next day. No show not even a phone call, I called several times with no answer and left messages. I wasn't till later that day using a different phone that you answered and told me that your driver quit and you would be coming out Saturday and Sunday No show or not evening a phone call. For your truck and what materials that were left behind after not returning do the job your were hire to do they were abandon on your behalf. Basically as the original complaint. I will take $1500.00 refund and I will give you $500.00 for putting me in a bind with the business owner next door and having to borrow an additional $2000.00 to hire someone else to do the job. Your contract stated Move, Block, and Level which you did none of. I built the pad my self and I also told you and your driver that if anything left behind can grow a set of legs it would be best to take it with you because since the tenants moved out the mobile home has been broken in and the property has continued to be looted. When the mobile home was moved their was axles, tires, and materials on the ground, if you would have showed up to do your job in the 3 days like stated before signing the contract. Everything you say you brought would still have been there.
Regards,
[redacted]
Dear Ms. [redacted]; The work performed was satisfactory to Ms. [redacted] at the time of performance. Several Months lapsed with the only contact from Ms. [redacted] being that she wanted us to perform some additional jobs (ie.., paint and texture work all of which was pre-existing to the work that...
was done on her mobile home. When we entered into the original contract our inspection found that the garage, which is on a separate (slab) foundation, was settling at a different rate than that of the home which is set on standard mobile home pads 16" x16" x 4". However, we informed her that the primary problem which was going to continue to be a problem in the future, without significant expenditure, was that the garage was structurally tied to the trailer instead of being freestanding. The varying sinkage or settlement rates are further compounded by the fact that the garage is on higher ground than the trailer and the run off from that roof line runs under the trailer at the point of which her complaint focuses. I believe that her primary complaints surrounding the back door is more likely than not related to the sinkage or settlement of the garage. The day we completed the work we had to adjust the level on the trailer artificially lower than the rest of the home to reflect to allow the backdoor to open and close freely. I explained to the client that without additional work to divert water flow from the garage and adjacent properties that she was going to have continual issues with her foundation and the backdoor (which worked fine when we left). Furthermore, I received no contact from this client for at least thirty to sixty days at which point there was no complaint about settling but a request for paint, texture and sheet rock work that pre-dated our contract. It was not until some time in the spring that she complained of sinkage and problems with the rear door, at which point I was out of town for approximately five (5) months. I do not recall a warranty provision of one year in her contract if such exists I can assure you it was special for [redacted], and if proven we will honor it. However, this type of settling is not something for which we or any other foundation company would be liable for as it is "sub-terra" changes and excluded from all foundation contracts and ours' in particular. Regardless of any warranty or exclusion, if she had called me direct with the matter of her rear door opening or closing properly improperly we would have made an accommodation for Ms. [redacted]' and taken care of the problem. I apologize that I was incommunicado starting in April until just a few weeks ago. To make amends with this client regardless of warranty and exclusions, as a compromise, will offer, free of charge, my services to remedy her sliding glass door problem. The caveat being, just as it was when services were rendered previously, that until she diverts the water flow from under her home she will end up with this issue again; and thus, the "subterra changes clause of the contract will be invoked for any further work, after this compromise settlement". Again, the problem is that the garage is sinking more rapidly than the trailer, creating stress on the door and we can adjust the trailer once again for the door to open and close if this will make Ms. [redacted] happy. Thanks, in advance for your attention and cooperation. Sincerely, [redacted]