Avila's Construction

First And for most Avila's Construction never signed a contract with [redacted] for any type of work I will discuss Truxion signed a contract with Mr [redacted] to our understanding the owner of the property in Keller, TX when Mr [redacted] called us to let us know of this issue immediately send someone to check this problem Yes he was on Thanksgiving but we notify the tenant [redacted] that we would be sending somebody to check the roof But when I guys got there start the tenant did not let them check where the issue was [redacted] the tenant was NOT forced to hire an inspector [redacted] clearly stated that he DID NOT want nobody to go check on this issue until he hire an inspector we have this on an email Avila's construction did not use used material we have receipts from Lowe's where we buy all of our materialAnd yes we did not replaced the flashing because Mr [redacted] (the home owner)wanted to save some money so we only worked on what we got paid for [redacted] (the office manager) has been in Constant communication with the tenant Mr [redacted] to to work on a time and date that would be best for him for workers to stop by to check on the issue and many many times [redacted] kept declining and wanted Mr [redacted] to physically go to his house and complete the repair [redacted] was very clear when she said that Mr*** was on other projects and we needed to send someone to see where the problem wasFinally Mr [redacted] the homeowner emailed [redacted] and were able to schedule for a Forman to stop byOur Forman gave us tha report stating that it's not the roof that has the problem is the bricks that are cracked that is the reason they have this leaksFor what I see and the previous issue we have had with this tenant all he wants is moneyAnd as I stated before Avilas construction did not sign any type of contract with Mr***

Complaint: ***
I am rejecting this response because: I have attached a copy of the invoice/contract that was submitted from Avilas Construction for worked performedAlso attached was an attempted follow up invoice that was denied by the insurance companyThe insurance company felt that the follow up invoice was not justified and was not willing to pay any additional moneyAdditionally, I have attached a copy of the roof inspection reportFollowing the invoice from Avilas Const, you will notice items that were invoiced and paid for, were not installedAvilas Const was directed several times to *** was the contact person in regards to repairs and completion of the roofing job***, and *** were both notified about thisI have no idea why they mentioned that I just want moneyI just want my roof corrected, repaired, and completedIf the bricks were causing the leaks, then it would have been leaking before the new roof was installedThe roofer that was sent over to our house recently walked the roof also and was disgusted in the work performed by Avilas ConstHe really didn't want to repair the problems, however his biggest concern was if he would be getting paid after he completed the work*** did not return his calls and so they chose not to do the workPlease read the attachments and you will see for yourself
Regards,
*** ***

First And for most Avila's Construction never signed a contract with *** for any type of work I will discuss Truxion signed a contract with Mr*** *** to our understanding the owner of the property in Keller, TX when Mr*** called us to let us know of this issue
immediately send someone to check this problem Yes he was on Thanksgiving but we notify the tenant *** that we would be sending somebody to check the roof But when I guys got there start the tenant did not let them check where the issue was *** the tenant was NOT forced to hire an inspector *** clearly stated that he DID NOT want nobody to go check on this issue until he hire an inspector we have this on an email Avila's construction did not use used material we have receipts from Lowe's where we buy all of our materialAnd yes we did not replaced the flashing because Mr*** (the home owner)wanted to save some money so we only worked on what we got paid for*** (the office manager) has been in Constant communication with the tenant Mr*** to to work on a time and date that would be best for him for workers to stop by to check on the issue and many many times *** kept declining and wanted Mr*** to physically go to his house and complete the repair*** was very clear when she said that Mr*** was on other projects and we needed to send someone to see where the problem wasFinally Mr*** the homeowner emailed *** and were able to schedule for a Forman to stop byOur Forman gave us tha report stating that it's not the roof that has the problem is the bricks that are cracked that is the reason they have this leaksFor what I see and the previous issue we have had with this tenant all he wants is moneyAnd as I stated before Avilas construction did not sign any type of contract with Mr***

Response When Miss *** contacted Avila construction we made an appointment to stop by her property at *** *** *** ** *** ** on October she had explain that she had been working with another contractor who took $60k from her and had changed the structure of her home
completely when it was rebuildNow when we stopped by we did notice a lot of things that were not finishedWe gave Mrs*** an estimate and a date to finish the project Mrs*** gave us an insurance check in the amount of $30k that she had since May we had a little bit of trouble to deposit this check because it was more than days oldOur bank put this check on hold for more than businesses daysWe decided to start work even though the check was on holdAvila's construction completed the following electrical panels, doors, base boards, window shield, closet shelves, covered concrete addition re-build closet doors size smaller wider, dry wall, tape and texture and clean floor and extra trash from previous contractorWe did obtain the electrical permit we had been in complete contact with Mrs*** updating her in every step we were talking on a regular basisWhen she asked for a copy of the contract (besides the one she signed and kept) I emailed her another copy included the receipt of everything that had been purchased and used on her propertyMrs*** asked for the extra $10,that she had given usAvilas construction wrote out a check in the amount of $10,made out to the same names that the original check that was given to us (*** *** *** Iii and *** *** ***) the reason we gave her the check in the same names that it was given to us is because in the email Mrs*** send me she stated that the check she had given us was NOT from her home owners insurance but from her Renters insurance and Mrs*** had said that the check was from her home insurance this was another reason we decided to terminate her contractIn this email she was accusing Avilas Construction of keeping her money when we had already had given her a check for $10,and that we were not doing our part when Avilas construction has emails and text messages where it shows we were keeping her updated on every step we were takingas I told Mrs*** Avilas construction does not tolerate accusations and that we were terminating her contractWe gave Mrs*** a cashier check in the total amount of $21,this was the remaining balance from the $30,below are the expenses Labor and Material Filled up to inches of Concrete in master bedroom $Rebuilt closet doors smaller wider $Labor and material Haul out trash from garage dump and carry fee $Doors, door installation, window shield, closet shelves and base boards $1,Electrical with permit $2,200 Total in material $2,we have receipts company profit from material and labor completed 30% $2.022.80the total amount spent from the $was $8,765.49 cashiers check made out to Mrs*** was for $21,we had been complying with this customer at a 100%

Response I *** spoke with Mrs*** on October 23, after she send me her address we scheduled to meet as you can see in the attachments (text messages) on October was going to be our meeting at 2pm but we had something come up an I text Mrs*** to move the appointment to 2pm than she text that she had an appointment at she wanted to reschedule for but we had other appointments so we reschedule for October 2017than she text to reschedule so we reschedule for on October we had to reschedule we meet with Mrs*** at her property on October 28th we took pictures of everything that needed to be work we gave Mrs*** a verbal estimated date if everything was in orderIn the contract we gave Mrs*** shows everything that needed to be worked on and does not show a finish date (please see the attachment) we gave Mrs*** the contract on October that’s when Mrs*** gave us the check in the amount of $Avila’s construction was aware that she would get $backWe meet at Lowes in Arlington, TX we told Mrs*** that she didn’t had to purchase the material at Lowes it was just an option such as Home Depot or Home décorAfter that we started working on the propertyOn November I text Mrs*** to remind her that she needed to choose the tiles so our guys could start on the bathrooms she said she would we still didn’t get an update on thatNow on November 2017b we took the extra step and went to home décor and text Mrs*** some pictures of Tiles, laminate floor, Kitchen cabinets to see if we could get her to choose so we could continue moving on this work but nothing happenedMrs*** had told *** and me (***) that the check was from the Insurance not from the Renters insuranceWe did started work on her property we did get the Building permit then we got the Electrical permit this did not affect Mrs*** at allWe have Mrs*** a check in the amount of $on November 20, under her name and Mr*** *** Iii than after thisI emailed Mrs*** all the receipts from all the material we had purchase and labor we had already paid forThan Mrs*** send me an email regarding this check and stating that the check she had provided us was not from her home insurance but from her renters insurance and was accusing us of taking her money when Avila’s constructions was providing her with every detail on the progress of our workThat’s why Avila’s construction decided to terminate this contract Mrs*** was not honest regarding the insurance check and falsely accused us of keeping her moneyAvails construction gave Mrs*** a cashier’s check on November in the total amount of $21,in the name of *** *** and *** *** IiiThe reason we gave Mrs*** the check back under the same name is to cover us just in case there is a clam from Mr*** since we never met himIf you need additional information please let us knowPlease see all the attachments Tell us why here

Complaint: ***
I am rejecting this response because:The details and chain of events are not accurate according to their response and verifiable evidence and recordsThe *** did come to my home and assess the work needing to be done and after evaluating the project he quoted me a price of $20kA few days later we met at the supplier of their choice to pick out materials and suchAt that time I was presented with a contract that was already typed that included the processI was promised a completion date by 12/25/17, if not soonerI had already been speaking with Sales Manage, *** ***, and expressed my concerns and my current situation physically, and financially and felt we had an understanding and that I could trust that they were sincere and reputableThey were prepared with two copies in which we signedI explained to Mrs *** that I had my insurance check from my when is insurance that I played on a claim from damage property that I sustained while living in temporary housing after the tornado destroyed my home The check was dated for me because it had two parties on it because with the winners insurance whoever is the cosigner would also have to be listed on your insurance and in the process of getting the check endorsed by the second party it took five months to get it back from that party, thus the time delayFor the second party is 100% disabled and not easilyaccessible due to disability and location The check had no expiration date and was definitely valid and legalThe *** breached the contract when they startedThe contract states that they would provide all permits and everything prior to starting the work, but did not for I was shut down by the city for their neglecting to obtain a permit prior to starting any of the listed work stated in their responseThat was on the 9th of November They then hired an electrician to get a permit and stated that it was over $for his services and the permitThe permit was $according to the city permit department and yet they told me the permit was $aloneI do not know the electrician and he was not even available for the inspection, but he still has keys to my homeMy doors are not complete and nor do I hive any trimmingThe *** have not been back to work since they received my money and paid the electrician to get permit and put panel in my breaker box and add a few covers to my already wired houseThey are not completeThe *** led me on until way after Thanksgiving before quitting Their last day was on the 9th and they havent been back sinceAll of that stemmed from when I told Mrs Avila that the $10k over was not extra for them and at that point they reneged out of, what I feel was greed., and that's when they starting playing games with returning my money and trying to put me through difficulties in order to cash itI do have a list of everything that I can forward. ***
Regards,
*** ***-***

Answer by *** office manager as you can see Avilas construction was in contract with Mr*** not ***All the forms have been signed by Mr*** and yes the 1st invoice was in the amount of $the 2nd invoice for extra work in the amount of $this were estimates that we were providing Mr***Mr*** decided that he did not want to do all the work as described in the invoices he wanted to save some money so Avilas construction gave him an oral estimate and in the amount of $7,and Mr*** agreed to this amountWhen Avilas construction send the final invoice in the amount of $7,to the insurance the insurance company had already approved and send a check in the amount of $12,as you can see in the email (attachment) I have provided between Avilas Construction and the insuranceAnd as you can see we clearly stated the the total amount for our workNow Avilas construction has always replied to ***'s text and emails we have not declined and repair on this property if you require we can forward every email and text where it shows that we have tried to work with *** We send one of our Forman to inspect the roof and found that the problem is not the roof but on the bricks that are cracked and on that we are not responsible for