ALL PHASE REMODELING

In our original rebuttal on 2/8/we detailed the final expenses of the projectAfter that email we sent a follemail on 2/16/16(we can forward the email) that stated:"Hello [redacted] & ***, We hoped to hear from you over the weekend as we spoke about having a resolution by Monday 2/15/If you need some additional time to consider how we are going to fulfill the contract and how you are going to pay for services rendered, that is fine and we can wait a little longer.However, I need to pick up my tools and equipmentNot having my tools is causing more delay in other jobs that I can be completing and setting us back further financiallyI need to hear from you this morning so that I can make arrangements to pick up my tools."Later that day [redacted] called Michael and told him he could pick up his tools (and we still have tools missing from that job)In that phone conversation [redacted] said he would not make any additional payments for work that has already been completed and basically just wan't us to work for freeWe cannot work for free as it is his property and we have no financial interest in his propertyYou have to pay for work being done to your propertyThe final amount is not $but is $(the tools he did release have been deducted as included in the original rebuttal), and we will be filing a counter suit for that total amountWe can no longer work for this customer as he did not want to negotiate on fair terms from the beginningHe ignored our calls for an entire WEEK and caused us lost wages from that lost timeWe will provide all evidence and phone records that show we wanted to resolve this issue from the beginning, but the customer just wants to take advantage of a small minority owned businessHe is looking to get something for nothing due to issues he has in his own life and other prejudicesThe price of the job was already very low and some additional services were offered at no charge to the customer, however he wants to push his superiority complex issues on our business so that he can try to get something for nothing.Out of all the hundreds of customers we have had, this is a firstWe are not an unreasonable business that is just trying to get money from our customersWe are only looking to be paid for a job well doneAs you can see with this customer, you just cant seem to please them all and you will get some unreasonable and unfair customersHowever, our phone records and other follattempts plainly show that we only want to run a fair and honest business that is paid for good work that has been completed to industry standardsWe will be filing a counter suit once we receive notice about his suit

On Thu, Mar 10, at 7:PM, AllPhase Remodeling & Mechanicals, Inc. wrote:Hello ***, Here is the email chain that includes our rebuttal to his initial claimsWe have also attached a copy of the original signed contractHe
has also contacted our insurance company who investigated the matter and finds that his claims are unsubstantiatedPlease let us know if you need anything further from us. Best Regards, All Phase Remodeling & Mechanicals, Inc. Phone: 216.288.7949www.allphaseremodelingandmechanicals.comhttp://www.***advisor.com/ra...⇄ ----- Forwarded Message -----From: "All Phase Remodeling & Mechanicals, Inc." To: Mr& Mrs*** *** ; "[email protected]" Sent: Tuesday, February 16, 2:PMSubject: Re: Fullfillment of ContractHello ***, You bought all the tools up except my Milwaukee Circular Saw in the red caseI have pictures of it in your basementPlease let me know when I can pick it up asap. Best Regards, All Phase Remodeling & Mechanicals, Inc. Phone: 216.288.7949http://www.allphaseremodelingandmechanicals.com/http://www.***adviso...⇄ From: "All Phase Remodeling & Mechanicals, Inc." To: Mr& Mrs*** *** ; "[email protected]" Sent: Monday, February 15, 5:AMSubject: Re: Fullfillment of ContractHello *** & ***, We hoped to hear from you over the weekend as we spoke about having a resolution by Monday 2/15/If you need some additional time to consider how we are going to fulfill the contract and how you are going to pay for services rendered, that is fine and we can wait a little longer.However, I need to pick up my tools and equipmentNot having my tools is causing more delay in other jobs that I can be completing and setting us back further financiallyI need to hear from you this morning so that I can make arrangements to pick up my tools.Regards, All Phase Remodeling & Mechanicals, Inc. Phone: 216.288.7949http://www.allphaseremodelingandmechanicals.com/http://www.***adviso...⇄ From: "All Phase Remodeling & Mechanicals, Inc." To: Mr& Mrs*** *** ; "[email protected]" Sent: Monday, February 8, 9:PMSubject: Re: Fullfillment of ContractHello *** & ***, Allot of the information in the letter you sent to the Revdex.com is spuriousWe intend to make a very clear rebuttal to your allegationsI am going to number your complaints and I'll reference the written and signed contract. 1. You stated: "I (***) prior to this meeting went over every aspect of what we wanted built out"Response: At this point we took the original proposal ($7750) and hand wrote in what changes you wanted to make with the proposal before it was accepted and signed off onThose changes included(as shown on the signed agreement) no installing the insulation and instead drywall and install laminate flooring under stepsThat was a $exchangeAt this point you asked if their were any more incentives for you to sign the contract right away and I said "I'll give you a $signing credit" and we both laughedThis brought the total job cost to $At this point you both signed the contract and you made a copy from your *** printerThis substantiates the fact that after the hand written changes, there was still no mention of a double wall in the contract. In fact the original contract specifically states to frame in basement family room and bathroom approx165sf. This in no way could cover a 4'x25' wall with what is existing, actually we went way above and beyond the 165sf and did not charge any additional moneyAlso, we still ended up installing the insulation ($contract amount) 2.You stated: "you verbally acknowledge that it would not be a problem to build the ledge that you would include it into the initial contract amount."Response: After the initial contract amount, we made hand written changes on site, and the wall was not one of them(see signed agreement), and you all still signed off and gave me a down payment.3.You stated: "After some work was performed, I (***) inquired daily why you had not built the framing for the ledge yet."Response: It was the first I had heard of it, period 4. You stated: "you ignored me or you said that I did not know what I was talking about."Response: Which is it? did I ignore you or did I say I do not know what you are talking aboutYou yourself are saying it, it was the first time I had heard of it. 5. You stated: "As of lately you insisted that the ledge was not part of our written contract and pretended not to remember this verbal agreement and considering only the written contract as binding"Response: It was never part of the written contractI was, however, able to recall to you your wish list as follows: a glass frosted door on the bathroom, replacement of gas line that currently has a small leak, a brick veneer on the existing laundry room wall only, a bar on the west wall, fluted door casings with rosette blocks on the cornersBut not even on your wish list was your 4'x25' double wallSo I do remember your wish list, then there is the contractYour wall was an after thought and after contract additional wish. 6.You stated, per the agreement "Install cement board in bathroom inside and outside of shower areaInstall ceramic tile over cement board, grouted in bathroomBut instead you installed cement board in the shower only and used drywall for the remainder of the bathroom walls, saying cement board was not needed, with the additional drywall also being an additional cost to us(besides the unused cement board), since all material cost is ours, separate from the labor cost per our contract agreement with youThen you proceed to say you would only install tile in the bathroom halfway up the wall(4').."Response: No where in the contract does it specify to install tile from floor to ceiling, in fact it says "Install suspended ceiling". If that was the case we would have certainly specified that which is beyond industry standards (which is about 40'-48' above the floor) and we would have removed the installation of the suspended ceiling in the beginningWe ended up installing drywall as your after thought and it was no additional charge (it was an even trade).Also, it is my professional opinion that cement board is a backer board (like hardi backer board) and is not strong enough by itself in your showerIn your shower I installed between the studs 2" thick polystyrene insulation, caulked and sealed to the studs as a moisture barrier/wall stiffener and you did not receive an extra charge, nor was this in the contract (I have photos and you saw this for yourself - $value). The wet wall in bathroom was dry-walled with moisture resistant drywall, which is far more dense than cement board or regular drywall, and is the industry standard on how to installThe rest of the short walls in the bathroom that already had drywall, we demoed because it was the wrong (3/8" drywall) and installed the correct drywall (1/2" drywall)So both the shower and the tiled areas in the bathroom now stand ready for final prep with red guard (water proofing membrane). 7.You stated: "This is a clear violation of our written contract agreement...which in this case clearly states cement board and tile on all walls all the way up."Response: No where in the contract does it state "all walls all the way up"It states the "shower area", in the shower you must go from floor to ceiling, but most bathrooms outside the shower are not tiled from floor to ceilingTherefore, we are talking about industry standards and reasonable expectations when stating "shower area"To quote you "you cannot have it both ways" and it does matter what I usually do because I do work based on industry standards. 8. You stated: "You had also used our wood to install corners, etc., at several places, though we had never instructed you do do so, basically doing whatever you wanted instead of what we, the customer, wanted for our basement, and therefore wasting our materials and wasting time when you had to take what you had built (without asking) down again"Response: You have duct work in the bathroom that I boxed in while doing the framing in there and you also have a pipe that your old plumber brought out of the floor 10" away from the wallYou and I were trying to solve these problemsI boxed the duct work and cut the wall off at a degree angle to clear your plumbers blunder as per industry standardThe next day you said your wife did not like any of it and the pipe would have to stay outside of the new framing and so would the duct work (not industry standard, but what the ***owner wanted)So I tore it out, per your request, and this was a waste of my labor and time (without a even a thank you or an additional charge - $value). 9.You stated: "You do not seem to understand the simple facts of doing business that the work is to be performed according to customers wishes and that both parties need to abide by the entire contract."Response: I reference you to #8, I went outside of industry standard to respect your wishesI have not only abided by the written contract, but I have went above and beyond. 10.You stated: "When I (***) had asked you last week why no tile had been laid yet, you told me that "this job was more than I anticipated and I think an additional $should get the bathroom done".Response: This is incorrect, the $was for the ceiling that you requested be torn out to inspect the potentially faulty electrical in the main basement areaWe tore out the ceiling and repaired the electrical as you instructed us to do and put the ceiling back. 11.You stated: "After you had an electrician work on a new electrical box (as included in the contract) during which the electric to an upstairs dressing room was severed because new wiring would be required outside due to mistakes made by the previous owner, you also said that this additional unexpected electrical work would mean an additional cost of $500".Response: You have a 20+' run of conduit on the outside of your house that is overloaded with too many wires for the diameter of the pipe, also water permeated the pipe, froze up and perforated the pipe in several areas (more than 10)You asked us to reattach existing circuits and I refusedI told you it would be an additional $to do it correctlyWe do not own the house and cannot be responsible for mistakes that were made before we started working on the property. 12.You stated: "You also replaced the plumbing under the kitchen sink that we did not want because we had told you we wanted to install a garbage disposal later on for which there is now neither room nor connectionAgain you were doing things your way, without asking, and you are expecting an additional $for it."Response: Before framing the area below the kitchen sink, I called to your attention that the drain line leaked because the pipe had holes in it and no cleanout at the bottomI told you we could rework the kitchen drain by removing the pipe, installing a cleanout with an access panel in the new frameworkOnce we installed the paneling it would be locked behind the wallYou then asked how much and I said about $and you agreedAfterwards, you saw the work and that it was a job well done and you then asked me how much it would be to install a garbage disposal to the new drain line. I then told you it would be an additional $You said you would run it by your wife. 13.You stated: "..the basement would be completed in to weeks; we are now at over weeks with the job only 1/completedYou had assured us that you would be there at 8:30a every day and put in full work days, but as it turned out you did not start until 9:30a/10a and then you left at 2:30/3p most of the time...On some days you did not show up at all making excuses."Response: I said the job would take about weeks in the beginningEvery time you had to do something you would just dismiss us from the houseYou were in an auto accident where you totaled your car, you had doctor's appointments, you had rental car obligations, court appearancesEach time you dismissed us from the house costing us a total of about days workI also had days, one in which I got stuck in the mud and I showed the receipt(I still have it), then the other day I asked you could I take the day for family reasons, and you agreed. Also, you were to be responsible for paying for and retrieving materials, however, on separate occasions we had to meet and pick up materials at *** *** or ***We spent so much time at *** one day, you called it day because we picked up an excessive amount of materials. You offered to pay for that lost time and we have yet to assign an amount or be paid for that. We spent time designing the entire project (not included in the cost) which added an additional 8+ hours. On top of that we had additional work added to the initial projectThe project is actually 70% complete, not 1/ 14.You stated: "After the last week it seems pretty clear that you were not coming to work anymore simply because you were trying to get more money from us than originally agreed upon or you would not resume the work."Response: I worked on your *** 1/27/(my last work day) and we talked about the overturesYou said you would discuss with your wifeI came there on 1/28/that morning and we had another conversation about all the overtures and you said you didn't want to talk anymore and to come back the next day (and did not want us to work because you were tired)I came there 1/29/and we continued the discussion and you had the same response as 1/28 and said we would meet on Saturday 1/30/at 2pSaturday morning, I cut my hand and had to go to the emergency room and get stitches (I have the paperwork and scar to prove), after that I honestly forgot about our meeting as I was in painI called you on Sunday 1/31/(your number is in my phone for that date) and you did not answer and I left you a voicemail explaining the situationMonday 2/1/I went by your house, knocked, and you did not answer the door and I left you another voicemail(your number is in my phone for that date)Neither of those days did you return my callTuesday 2/2/I showed up at your house again, knocked, you did answer the doorThursday 2/4/I came back to your house, knocked, and left my cards in your door with a note stating that if you were not able to continue the project at this time to let me know so that I can collect my tools, as I mentioned in my message on Tuesday. Please note that after all your complaints you still continued to make payments as you were happy with the workIt wasn't until totaling your car in an accident and having to go to court (because you were at fault), that you stopped wanting to pay for additional completed task As I go through your list of complaints a new picture is starting to emergeThat is that due to some change in your circumstances (either monetarily, mentally or physically), you no longer want to pay your bills and keep to the contract and additional work that was authorized. To date this is your current bill:Original Contract Amount - $7500Paid out - $+ $1875 Original Contract Balance - $1875 Additional Work Authorized and Completed:Removed and replaced kitchen drain - $400Removed and replaced 1/or basement ceiling on east side of header and electrical work above - $500Install insulation - $500Trips to ***/*** *** (pick up materials and load project, trips) - $500Total Authorized and Completed - $1900 In addition you did not allow me to finish the contracted work, you were totally unresponsive to my calls and trips to your house, you have my tools/equipment and the tools of one of our helpers (approx$1500)You did not honor my request to at least allow me to have the tools, if you were not ready to continue the workYou have caused us a full week of lost wages as we turned down other projects (approx$1500) to tend to your project, as promised. We also lost business days of travel time and gas (approx$200) when you turned us away, didn't return calls or answer the door. In response to your spurious complaints we have also lost another hours in rebuttal ($250)At this point I want my property (my tools and equipment) and a letter in writing explaining how plan to monetarily resolve these issues. If this is not resolved by Monday 2/15/16, I am going to contact the city about violations that you have outside the scope of our work agreement, ask for a police escort to come in and retrieve my tools and equipment and file a lien on your property for non-payment of work completed and other expensesWe will also be forwarding our response to the Revdex.com once they contact us with your complaint. Sincerely, Mike Johnson withAll Phase Remodeling & Mechanicals, Inc. Phone: From: Mr& Mrs*** *** To: "[email protected]" ; "[email protected]" Sent: Thursday, February 4, 1:PMSubject: Fullfillment of ContractMike,Please find attached the letter that we attempted to have delivered by certified mail to the address on your business card. Because it was undeliverable we are sending it via e-mail.A copy of this letter was filed with the Revdex.com.Please do not show up at our house until you are willing to resume work per our contract agreement and in any case call us first.*** & ***

In our original rebuttal on 2/8/16 we detailed the final expenses of the project. After that email we sent a follow-up email on 2/16/16(we can forward the email) that stated:"Hello [redacted] & [redacted], We hoped to hear from you over the weekend as we spoke about having a resolution by Monday 2/15/16. If you need some additional time to consider how we are going to fulfill the contract and how you are going to pay for services rendered, that is fine and we can wait a little longer.However, I need to pick up my tools and equipment. Not having my tools is causing more delay in other jobs that I can be completing and setting us back further financially. I need to hear from you this morning so that I can make arrangements to pick up my tools."Later that day [redacted] called Michael and told him he could pick up his tools (and we still have tools missing from that job). In that phone conversation [redacted] said he would not make any additional payments for work that has already been completed and basically just wan't us to work for free. We cannot work for free as it is his property and we have no financial interest in his property. You have to pay for work being done to your property. The final amount is not $1875 but is $5725 (the tools he did release have been deducted as included in the original rebuttal), and we will be filing a counter suit for that total amount. We can no longer work for this customer as he did not want to negotiate on fair terms from the beginning. He ignored our calls for an entire WEEK and caused us lost wages from that lost time. We will provide all evidence and phone records that show we wanted to resolve this issue from the beginning, but the customer just wants to take advantage of a small minority owned business. He is looking to get something for nothing due to issues he has in his own life and other prejudices. The price of the job was already very low and some additional services were offered at no charge to the customer, however he wants to push his superiority complex issues on our business so that he can try to get something for nothing.Out of all the hundreds of customers we have had, this is a first. We are not an unreasonable business that is just trying to get money from our customers. We are only looking to be paid for a job well done. As you can see with this customer, you just cant seem to please them all and you will get some unreasonable and unfair customers. However, our phone records and other follow-up attempts plainly show that we only want to run a fair and honest business that is paid for good work that has been completed to industry standards. We will be filing a counter suit once we receive notice about his suit.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
Regards,
[redacted]
Dear Revdex.com, The response you received from Mr. Michael Johnson is so utterly false, it makes me want to take him to court twice. Seriously, Mr. Johnson NEVER contacted me about anything other that his tools; never any discussion concerning fulfilling the contract. The fact that he completed roughly 30%-35% of the work included in the contract and paying him more than $5,250.00 out of a total contract price of $7,500.00 of course even if he tried to talk to us we would never agree to pay him anything more until the job was completed. Before and after I returned Mr. Johnson's tools, he nor anyone representing his company EVER tried to negotiate anything. You can read my letter to the Revdex.com after the first time I received Mr. Johnson's E-mail - It was I who contacted Mr. Johnson the morning I read his rebuttal. If Mr. Johnson would like to bring a crew to finish the basement and fulfill HIS contract, my wife and I would have no problems paying the final payment of $1,850.00 for the job.