Colorado Custom Contracting

Initial Business Response / [redacted] (1000, 9, 2015/12/02) */ The reason we didn't finish the job is that we were stopped by the owner because his financing had fell through and he told me to wait until it gets resolvedMy concrete contractor was paid for more than half and did not finish he has no right to a leinHe was told by the owner that there was money problems and he pulled off the job without completing his job

Complaint: [redacted]
I am rejecting this response because: The business response of Colorado Custom Contracting received on February 16, 2015 is unsatisfactory.  It is true that Mr. Kartler reviewed the work-site at Customer’s home prior to the estimate being given.  However, the Customer’s wife (not caretaker or daughter) walked Kartler through the home and explained the scope of work as instructed by Customer.  Kartler wrote the dollar amount of the estimate on the back of his business card and gave it to the Wife for delivery to Customer (see attachment).  At no time did Kartler discuss with the Wife any requisite prep work (removal of furniture and breakables) to be performed by the Customer as part of the contract.  At no time did Kartler write any notes concerning prep work on the back of the business card.  At no time did Kartler state that prep work would need to be completed before he would commence any work on the project.  The allegation that Kartler spoke to someone at Customer’s home during the walk-through is irrelevant as the contact was signed with Customer. Kartler hand-delivered the written estimate to Customer at his place of employment on December 3, 2015.  This estimate was prepared by Colorado Custom Contracting, typewritten and contained a very detailed project description.  There was a hand-written note on the estimate: “And Hallway,” indicating that carpet was also to be removed from the hallway.  At no time was prep work included as part of the written estimate.  In addition, there was also no verbal communication concerning any prep work at the time the Customer signed the written estimate.  There was also no mention of any prep work at the time the Customer paid Kartler by check a $650.00 deposit on December 3, 2015.  Customer provided Kartler with a key to his home so that he could commence work that next morning based on the terms of the contact.  It was agreed that work would commence at the work-site on the morning of December 4, 2015, between 8-9:00 a.m.  First, Kartler contacted Customer at approximately 8:10 a.m. to report that he was running late and would arrive at the work-site later.  Bank records demonstrate that Kartler cashed Customer’s check at 11:42 a.m. on December 4, 2015.  Kartler next called Customer at approximately 3:00 p.m. to state he had no transportation to bring his crew to the work-site.  Finally, Kartler contacted Customer at approximately 4:00 p.m., while at the home, stating there were too many breakables in the home that needed to be removed before he would commence any work.  After three broken appointments and Kartler’s attempts to change the terms of the contract, Customer cancelled the contract on December 4, 2015 and asked for his deposit to be returned.  Kartler refused to return the deposit stating that he had already allocated the money to three of his workers.  There is no truth to the statement that there was an agreement for Kartler to come out to Customer’s home on Saturday, December 5, 2015.  Customer maintains that Kartler should not have retained the deposit and paid his workers as no work was performed.  The scheduling of a job and performance of a contract are two separate and distinct concepts.  To date, Kartler refuses to return Customer’s deposit and still has possession of Customer’s house key.  Kartler’s response and conduct are particularly egregious from the standpoint he hired a crew after the fact he was told his services were no longer needed.  Kartler clearly tried to take advantage of Customer who is a 88 year-old disabled, senior citizen by keeping the $650.00 deposit without justification.  If the removal of furniture and breakables were so critical to the performance of the contract, it would have been communicated to Customer at the time of the contract’s formation as well as included as part of the written contract. Desired Settlement: Refund of deposit, attorney’s fees and costs, and the costs incurred in changing locks at the home.Sincerely,
[redacted]

Initial Business Response /* (1000, 9, 2015/12/02) */
The reason we didn't finish the job is that we were stopped by the owner because his financing had fell through and he told me to wait until it gets resolved. My concrete contractor was paid for more than half and did not finish he has no right...

to a lein. He was told by the owner that there was money problems and he pulled off the job without completing his job.

The dollar amounts are correct on Mr. [redacted] statement except that when I bid the job I had met his caretaker or Daughter and explained that we would move large furniture as needed but we would need all pictures and breakables removed before we start. The customer has an extremely large amount of...

art and breakables for which I would not want my guys to move and be responsible for breaking. We arrived in the afternoon with 3 guys to start and I called him from his house to let him know it was not ready and said we would come the next morning and when we showed up in the morning Mr. Parker said he had gotten someone else the night before to do the job. By that time I had to pay 3 guys for the day because we scheduled that job.