Arthur Perry III Construction Company

did not finish work on ceiling in den and kitchen.It have been over four mounths.Desired SettlementStop giving me the go around an finish the job.If authur does'nt finish it,I want my money back.Then I can get someone else to finish the ceilings.Business Response Contact Name and Title: [redacted]Contact Phone: (XXX) XXX-XXXXContact Email: [redacted]August 20, 2015Revdex.com Serving the Mid-South3693 Tyndale DriveMemphis TN 38125Tel: (901) 759-1300Fax: (901) 757-2997Regarding the complaint activity report, case #[redacted], filed by [redacted], Memphis TN [redacted], I, [redacted], General Contractor, would like to respond in saying that [redacted] and [redacted] signed a tradeoff agreement with [redacted] Construction Company for work that had been paid for by their insurance company at the time (see attached [redacted] adjuster report and the [redacted]s endorsed tradeoff agreement) and note that [redacted] insurance, withheld $547.36 depreciation funds until the job is completed. In the tradeoff agreement, the [redacted]s agreed to forego the all the items associated with the flooring in the den because they wanted us to build a patio cover on the rear of their house and a large closet between their laundry room and garage both of which have already been built. The closet was built over and beyond the original agreed upon specifications. Actually, the building of the shelves and installation of closet rods requested by the [redacted]s elevated the costs over $1,000 above the tradeoff agreement. In addition, we had originally forgiven the [redacted]s of their $1,000 deductible. However, we fully expected that [redacted] would have to pay for a new roof, which will have helped to swallow our losses on the job, and enable us to move forward. Indeed, I addressed many applicable mistakes made by [redacted] Insurance Company's Adjuster, most of them concerning the roofing system (see my attached roof system opinion letter). I advised the [redacted]s to have [redacted] Insurance send out an Engineer to report on my findings, which they did, and we were awaiting the results from the Engineer's report in order to move forward. Our main argument to the Insurer was for a complete roof system, which is warrantied under the rule of law.Notwithstanding, during the whole process [redacted] completely ignored our work authorization (see attached) as representing the [redacted]s; thus, to this day, I have not seen the Engineer's report on the roof system; neither have we received a phone call, email, text message or any letter stating any decisions, referencing the status of the claim, and how [redacted] Insurance plans to move forward with the claim. Nevertheless, the [redacted]s received another check in excess of $900 from [redacted] for the patio cover we built which also had our company name on it, which could have been applied to the money the [redacted]s owed on the closet. However, they held the check and [redacted] did not communicate with us concerning the adjusted summary report with the payment for the patio cover and I have not seen it. Remember, we were in a "wait and see" state pending [redacted] decision regarding the roof system, relative to our decision to move forward with the work. However, the wait began to be so long, we decided to go ahead and finish the items on the adjuster's summary. In an attempt to complete the work on the kitchen and den ceilings of the [redacted]s' home, several weeks ago, my assistant, [redacted], attempted to schedule a time when it could be done, but the [redacted]s just wanted to argue about the cost of the shelving in the closet, insisting that they did not request them and that they would have never agreed to it if they knew it was going to cost that much. That is when they told him about the $900 supplement check for the patio cover. Although my assistant continued to try and schedule the work to be completed without asking them for any payment for past services, they refused to schedule it with him and Mr. [redacted] became upset and walked out of his own home.Afterwards, I called Mr. [redacted]'s in an attempt to schedule to close out the job but he never answered or acknowledged my call; I left him a message concerning the scheduling of the work and never heard from again until now, with this letter from you, the Revdex.com, with a complaint raised and attached into this scenario, which I absolutely, positivity, unequivocally, feel at this time is inappropriate, as we were and are still waiting on the [redacted]'s Insurance Company's decision on the re-roofing and other line items that we addressed as supplemental issues. Finally, therefore, seeing that the [redacted]'s have filed a complaint with you the Revdex.com, and they are disputing the payment they owe on the closet and [redacted] Insurance is holding back $547.36 until the job is completed, at this time we would like to forfeit that depreciation money so that the [redacted]s may get someone else to complete the work with the $900 supplement check and they may pay the balance owed to us; see the attached itemized summary (final invoice) of the items we did and did not do, reflecting a balance of $326.88 to close out the job. You see the fact is that we do not owe the [redacted]s; rather they owe us (the discrepancy being in their closet).Notwithstanding, I do have a rather nice fluorescent light that I discussed with the [redacted]s, that they may still have if they would like to use it in their kitchen. I remain. [redacted], General Contractorpc: [redacted] Adjuster's SummaryEndorsed Tradeoff AgreementRoof System Opinion LetterWork AuthorizationFinal InvoiceFileConsumer Response (The consumer indicated he/she DID NOT accept the response from the business.)Response to Case #[redacted] & [redacted]Memphis, TN(XXX)XXX-XXXX & (XXX)XXX-XXXXSeptember 3, 2015We, [redacted] & [redacted], would like to take this opportunity to reply to [redacted]'s response case #[redacted]. When we first met Mr. P[redacted], we coincided on the trade-off agreement because our patio cover had fallen down from the wind damage but [redacted] refused at that time to fix it. However, we also discussed how the money for the den floor would be utilized. We did request a patio cover and a closed in 10 inch closet from our enclosed garage. That day, Mr. P[redacted] asked for the $3,146.11 check so he could get started. They started to work on the patio cover 1st, but not completely to our satisfaction. Mr. P[redacted] and [redacted] were not agreeing on other work authorization causing Mr. P[redacted] to request [redacted] to send out an engineer to make a decision on our roof. Also, our $1,000 deductible was originally forgiven per Mr. P[redacted] after he received the $3,146 check. However, after we read the second paragraph, we couldn't accept the response from Mr. P[redacted]'s business because: Mr. P[redacted] is being very untruthful about his issues concerning the closet. We are not responsible for Mr. P[redacted] and [redacted]s disagreement and should not be held accountable nor responsible. In addition, we have been waiting for over 5 months to have our house repaired with little response. Mr. P[redacted] received a check in the amount of $3,146 and what has he done with it besides replace a patio cover!? All of Mr. P[redacted]'s work to our is very unprofessional and incomplete. We are not going to accept this type of treatment. We have proof of our statements for anyone to see. We are senior citizens and I , [redacted], is disabled and God knows that we are being taken advantage of by Mr. P[redacted] and his assistant, [redacted]. My husband and I cannot be held culpable for a "wait and see" state between Mr. P[redacted] and [redacted] Insurance. Mr. P[redacted] had the entire check of $3,146 that [redacted] had given us. He had the opportunity to complete all of our repairs within a timely fashion. We feel that we do not owe him anything! Our insurance, [redacted], cancelled us and did not approve a new roof. However, [redacted] sent us a $900.00 check to have our patio covered. However, we have already paid for it to be done. We have pictures, statements and eye witnesses to prove our case. Mr P[redacted], in your response, you only mentioned the closet issues. Why didn't you mention other issues such as: den and kitchen ceiling and how you all left paint on the trim, did not drape the furniture for painting, left trim hanging, did not do ceiling beam across the kitchen, no light fixture put up, furniture floors, draper, etc were all covered with paint and the wallpaper was torn and loose off the walls. WE WANT EVERYTHING COMPLETED PROFESSIONALLY PER [redacted] PERSONAL INSURANCE CO. OR REFUND ALL OUR OUR MONIES! Final Business Response September 18, 2015Revdex.com Serving the Mid-South3693 Tyndale DriveMemphis TN 38125Tel: (901) 759-1300Fax: (901) 757-2997RE: Case # [redacted]Dear Ms.[redacted]:I am truly thankful that the Revdex.com is looking at the evidence I have submitted to the Revdex.com on behalf of my company for examination, and offering me the opportunity for presentation of the other side of this story. This entire case is exhibited in writing documents in the form of contracts, change order documents, supplement summaries, and invoices. [redacted] Construction Company has herein outlined all technical points for references. All relevant documents have been submitted for review. We strongly suggest that the [redacted]s submit pictures of all contracted work.Regarding the complaint activity report, case #[redacted], filed by [redacted], Memphis TN [redacted], and their rebuttal to our response, I, [redacted], General Contractor, would like to respond in asking them to look at their final invoice because in their rebuttal they said that I did not mention the den and kitchen ceilings and all pertaining to them, including the paneling on the beam in the kitchen; however, I credited them for not doing all those items. Note the following credits on the den and kitchen in the attached final invoice: the den with the ceiling in line items 1-4, the content manipulation and cleaning in line items 6-10, and everything to do with the wood floor in line items 11-15 (part of the tradeoff agreement) and the kitchen with the ceiling in line items 16-17, the light fixture in line item 18, and the paneling on the beam in line items 19-20. When matters of this type of interpretation and concerns arises, and a reasonable solution is sought, all concerns must be place on the table for diplomacy. This service Revdex.com offers is good, for people with good will, who seek middle ground and generally can work things out. Pursuant to a fair and just resolution the truth and nothing but the truth is allowed into this proceeding.The [redacted]s withheld information from [redacted] Construction Company as I worked to get them the proper claim funds applied for the wind damages done to this property. I researched this claim and found the applicable rule of law. My decision on the stated condition of the roof system is supported by two third party engineers. The insurance company had me to meet with an Engineer of their choosing, however, I have never seen his report. I believe if their engineer contradicted my findings they would have forwarded his report immediately. Nothing should come short of replacing this roofing system. The [redacted]s have been Hood winked by [redacted] Insurance Group, who offered them a token supplement check for repairs of the patio cover of $900.00, which is well short of the roof replacement. On May 21, 2015 [redacted] Construction Company assisted with preparing and sending a notarized letter to [redacted] Insurance requesting a copy of their Engineer report. We never got that report. I would like to see the supplement to that check and a copy of their Engineer Report. The [redacted] breached their agreement with [redacted] Construction Company with their conduct regarding this complaint and are currently bound under contract law. The [redacted]s did not advise [redacted] Construction Company of this money acceptance; rather they left [redacted] Construction completely in the dark with no communication, and/or correspondence on movements within this claim. The only verified response received in this procedure in compliance with this claim came in a letter from the Revdex.com. It is reasonable to figure at market value the work with this investigation and gathering of evidence regarding the necessity of a new roof, [redacted] Construction Company's bill to the [redacted]s should be $175.00 per hour for a total of 17 hours which is equal to $2,975.00 for additional fees. Furthermore, in the previous documents, I did mention the work on the kitchen and den ceilings that needed to be done in that I stated in my response that [redacted] Project Manager had attempted to schedule a time with the [redacted]s but they just wanted to argue about the cost of the shelving in the closet. I did fail to mention in my response that after almost three hours of debate on the closet and Mr. [redacted] walking out angry, the only resolution that Steve derived from them is that they wanted me to call them. I did call Mr. [redacted] but he did not answer; I left a message and he did not return it. Therefore, the scheduling of the completion of the work was not done and we did not hear from them until this Revdex.com complaint.The only work remaining outside under the patio cover are a couple openings in the siding that were uncovered by removing the old patio cover. I planned to finish that as well when we were able to schedule the other work with them. The patio cover was done in a professional manner and meets all industry standards and exceed code requirements.The [redacted]s can accuse me of being untruthful about the closet all they want but the market value of the closet is evident from the line items on the final invoice as well as the physical presence of the closet itself. The closet was built the way the [redacted]s requested. They can also accuse me and my assistant of taking advantage of them but nothing could be further from the truth; it is also evidenced by the excellent professionalism and the value of work done on the patio and the closet. True enough we did not finish the kitchen ceiling and den ceiling but as afore-mentioned, we did attempt to schedule to make it right to no avail and in our final invoice we credited the [redacted]s for those items. We priced this job basically using the [redacted] estimating software that is used by most major insurance companies. This software is updated hourly like the stock market. The deal the [redacted] wish to walk away from leaves them ahead of the total deal, and [redacted] Construction Company with thousands of dollars and man hours to write off. Finally, the value of the construction work done, as can be seen from the final invoice exceeds the $3,146.11 check (ACV Payment for Covered Damages: see the copy of the initial check stub given us to do the work outlined in the [redacted] Adjuster's Report in the beginning. Therefore, for the [redacted]s to insist that we give them a full refund is ludicrous, especially since they did not allow us to schedule the completion. Moreover, [redacted] Construction Company ordered two engineer reports on the [redacted]s roof but they were not included in the billing to the [redacted]s because we did not give them the results; they were not invoiced for them by [redacted] Construction Company. Nevertheless, if they still desire to move forward in getting a new roof, we will give them copies of the engineer reports if they pay the fee of $350 each. In my expert opinion, they made a big mistake on giving up on a new roof because they deserved one, and I would have made Traveler's pay for it; it just takes time to fight for it. On the front end, I explained to the [redacted]s that this could take long period of time; however, I also told them that we were on solid ground and we would prevail in getting them a new roof. In fact, I was so confident that we would prevail, I knew that I could forgive them of their $1000 deductible, and be able to make up for it in the supplement from [redacted] Insurance.However, since the [redacted]s gave up in the fight for the new roof and did not attempt to give us a time to come back and do the work before they filed a complaint with the Revdex.com, we prefer they get someone else to finish this breached agreement and just pay our final invoice. They should be made to understand that we have done no wrong, and have every right to all legal avenues to a litigious resolution as the facts relate to the issues in this matter. I remain.Kindest regards,[redacted], General Contractor[redacted] Construction CompanyPc: Final Invoice[redacted] Initial Check StubDamage Evaluation Notarized letter