Beaux Design Build

We have contacted MrsWagner to make a resolution back on Friday February 28th She has made it clear she didnt want us to contact her againWe do not understand her intentions by taking this matter to youWe are open to talking with her.Sincerely, [redacted]

Complaint: [redacted] I am rejecting this response because: Re: Kimberly B [redacted] response dated Again I must begin by refuting Mrs. B [redacted] highly inflammatory remarks. I have told the truth. I prefer a cash settlement, however $400 is nowhere near satisfactory or fair. Can Mr. or Mrs. B [redacted] explain from where they derived this number? $1900 is the cash number, as I have previously reasoned. As an alternative, I would accept having the area originally done by Beaux Design Build prepared and epoxied by a licensed, experienced and reputable third party in the business of doing such work providing the B [redacted] foot the bill and providing we can mutually agree on said party. Acceptable, hired moving labor for contents of the 2-car to the RV garage and back again would also need to be provided. Sincerely, [redacted] ***

In response to [redacted] ***s, We have made every attempt to remedy the garage floor issue We did not begin this battle presented to the Revdex.com by the [redacted] but will defend our business, performance and professionalism when attacked unfairly The only lies and smears are on the part of Douglas ***s Everything stated in our original response is documentedIt can be confirmed by family, employees, sub-contractors and product representatives I will not continue this war of words and have no need to address any other reckless statements by Mr***s Regardless, the dispute at hand is in regards to the garage floor Again, I will re-iterate or previous offers (Certified letter dated 11/and original response to Revdex.com complaint): "We will strip and refinish the car garage floor at our own expense or return a cash payment of $in lieu of our services." Kimberly B***

Revdex.com:
I have
reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below
[To assist us in bringing this matter to a close, we would like to know your view on the matter.]
Regards,
*** ***

Complaint: ***I am rejecting this response because:
Re: Kimberly B*** response to our complaint
As this is a public forum, I will reply first to the statement made by MrsB*** near the end of her rambling concoction of fiction alleging my wife and I have threatened their employees, subcontractors, and family members. Her statement is a lie and a smearI didn’t know they had employeesWe were friendly and accommodating to all of the few subcontractors we metThe only family members we met were their son and his wife whom we both liked quite a lotPlus, he does exceptional woodwork. If her statement is true, I suggest they go to law enforcement and make a complaintIf not, publically withdraw this ridiculous libel immediately
We signed the contract on April 22, 2014; the completion date was to be in August. August passed, September passed and most of October passed. All of that was pretty OK, but we were becoming concerned about the moving truck having to cross the mountains in the winterWe finally got the call from Chris B*** that we should come; he’d have the two-car garage and Occupancy Permit readyWe all knew there was some small work to be completedWe arrived with the moving truck late on NovThe garage floor was painted and dry; the wood floor in the house was curedThe truck was unloaded the next morningWe had no living room furniture or dining table
As it turned out, B*** did not get the Occupancy Permit he expected because the building inspector wouldn’t approve the stucco workWe did soon get a temporary, but no regular, until March 17, when an additional 10- year warranty was agreed toThanks to the inspector and mayor for that
The Contract: Article “The owner of the property shall not occupy the property until final payment has been received by the contractor and the Certificate of Occupancy has been obtained.” We waited until B*** said come. The whole project was pay as work was completed which is usual and we did
Article 16.3: “Occupancy of the project by the owner in violation of Article shall constitute unconditional acceptance of the project and a waiver of any defects or uncompleted work.” This is not usual and can be used in a predatory wayPEOPLE: do not ever sign a contract with a blanket clause like this as I was so foolish to doWhen I read this we were all getting along like family and it seemed it was put in there to keep customers from camping out in the middle of a projectVery unethical
When we moved in I did not know that Chris B*** had painted the garage floor with anything other than epoxy, as was contractedIt began to come offThe paint will stick to a floor mat, rubber tires, even weather stripping on the bottom of the garage door and peel off. Contrary to MrsB*** claim, MrB*** was made aware of the problemHe first pointed his finger at the manufacturerThat’s why he had a rep from Sherwin Williams come to the house to have a lookThat rep told me the floor was not prepped correctly. He said that silicone acrylic latex and epoxy are like apples and oranges: completely differentThen MrB*** pointed at meThen their blanket clauseHe pointed every which way except at the guy who poorly applied the wrong stuff: himself!
MrsB*** claim that they offered to strip the floor and refinish at their expense is not trueNeither is the claim I’m trying for “financial gain”I want the amount I paid them to epoxy the two-car garage back ($750), the amount it will cost me to have the failed paint ground off ($750) and plus $for help with the stuff in the garage. That’s nothing for the substantial dust and hassle this will create, nothing for the RV garage
Thanks to the Revdex.com for being here
Sincerely,*** ***

In response to [redacted]s,
 We have made every attempt to remedy the garage floor issue.  We did not begin this battle presented to the Revdex.com by the [redacted] but will defend our business, performance and professionalism when attacked unfairly.  The only lies and smears are on the part of Douglas
[redacted]s.  Everything stated in our original response is documented. It can be confirmed by family, employees, sub-contractors and product representatives.  I will not continue this war of words and have no need to address any other reckless statements by Mr. [redacted]s.
Regardless, the dispute at hand is in regards to the garage floor.  Again, I will re-iterate or previous offers (Certified letter dated 11/2015 and original response to Revdex.com complaint):
 
"We will strip and refinish the 2 car garage floor at our own expense or return a cash payment of $400 in lieu of our services."
Kimberly B[redacted]

We have contacted Mrs. Wagner to make a resolution back on Friday February 28th 2017. She has made it clear she didnt want us to contact her again. We do not understand her intentions by taking this matter to you. We are open to talking with her.Sincerely,[redacted]

I am responding to the complaint filed by [redacted] in regards to his perceived product issues and our response to his requests.
I am attaching documents and past letters of correspondence that should also be helpful.
The [redacted] complaint states that they spoke to us when the problem...

occurred on 2/1/2015 and again on 5/1/2015.  Contrary to the [redacted] complaint timeline, emails dated 4/18/15 from [redacted] and 7/20/15 from [redacted] praised us for the work we had done, quality of the home and their agreement to send final payment.  They never mentioned a problem with the garage floors. (All emails are attached) The last correspondence was actually on January 26, 2016 after they had received our final offer dated November 27, 2015 in response to their demand dated October 29, 2015. 
According to the Building Contract (See attached doc.) signed by both [redacted] and [redacted] on April 22, 2014,
Article 16.2  The Owner shall not occupy the property until the final payment has been received by the Contractor and a Certificate of Occupancy has been obtained.
Article 16.3  Occupancy of the project by the Owner in violation of Article 16.2, shall constitute unconditional acceptance of the project and a waiver of any defects or uncompleted work.
The [redacted] moved into their home before final payment was made to us and before the Occupancy Permit was obtained. They provided us with a punch list of items they wanted completed prior to April of 2015. The garage floor was NOT on that list.  Although they disregarded our signed contract, we made every effort to complete the job and abide by our contractual obligations.  They made it difficult for our employees and subcontractors to enter the home to complete their work in a timely and effective manner.  Against our continual requests, (see House Update email dated 10/24/2014) the [redacted] had moved their belongings into the home before it's completion (Hardwood floors were re-finished 2 additional times at our expense when the [redacted] entered the home before the final application was dry) and into the 2 car garage bay before the finish on the floor had time to cure. 
The [redacted] requested that we let them apply the finish to the RV bay garage floor at their discretion.  We agreed and gave them a $500.00 credit for their labor and provided them with the material/cans of the same product we had used on the 2 car garage floor. (see attached Invoice dated 4/29/2015) They approved the product we placed on the 2 car garage floor and in turn they personally applied the same product on the RV bay floor several months later.  Their suggestion that we violated Article 2 (scope of work) by not having their consent of the product used is invalidated by their own decision to use and apply the same product. Unfortunately, the [redacted] did not apply the product per Sherwin Williams printed instructions and the finish did not properly adhere. [redacted] and [redacted] have refused to take responsibility for their decision to apply the finish and the unsatisfactory work they performed. They believe we should pay for their decision to move items onto the uncured floor in November 2015 and inability to follow the suppliers product application directions.  (Sherwin Williams rep. Kaen will verify)
Their first demand was for $3540.24.  We felt their request was more than exorbitant considering that the original allowance for painting the 2 car and RV garage floors was only $1250.00. In addition, we had agreed on an adjusted allowance of $750 for ALL materials and our labor.  A $500 credit was given to the [redacted] for their labor.  With that being said, we still agreed to strip and refinish the 2 car garage floor at our own expense. They refused our offer to remedy and demanded the adjusted amount of $1900.  It is apparent their desire is to obtain an unreasonable financial gain and are not interested in allowing us the opportunity to rectify the floor issue they have created.  
[redacted] and [redacted] have made verbal threats to our employees, subcontractors and family members during the course of our business relationship. Despite their unwillingness to reasonably settle this dispute, their blatant disregard for our signed contract and our continued efforts to rectify the damages caused by the aforementioned, we have never refused to assist in the refinishing of the garage floor.
Their distortion of the truth has now risen to a new level.  With the filing of this unwarranted complaint, they have shown their obvious intention to cause our long standing A rated business reputation damage and receive an excessive financial payment in return.  Our last and final offer remains the same.
Kimberly ** B[redacted]

Complaint: [redacted]I am rejecting this response because:
Re: Kimberly B[redacted] response dated
 
Again I must begin by refuting Mrs. B[redacted] highly inflammatory remarks. I have told the truth.
 
I prefer a cash settlement, however $400 is nowhere near satisfactory or fair. Can Mr. or Mrs. B[redacted] explain from where they derived this number? $1900 is the cash number, as I have previously reasoned.
 
As an alternative, I would accept having the area originally done by Beaux Design Build prepared and epoxied by a licensed, experienced and reputable third party in the business of doing such work providing the B[redacted] foot the bill and providing we can mutually agree on said party. Acceptable, hired moving labor for contents of the 2-car to the RV garage and back again would also need to be provided.
 
Sincerely,[redacted]