CoryCo Construction & Maintenance Services

Initial Business Response /* (1000, 15, 2016/09/06) */
What follows is my response to Mrs. [redacted] complaint originally filed on 2 August 2016. The case has been closed but there is no record of a response from me. Even her resolution message wrongs me and my company. It is my hope that you will...

post my response along with her complaint.
Complaint:
"Consumer Contractual Defraud": Defraud is briefly defined as: "To trick or cheat someone or
something in order to get money: to use fraud in order to get money from a person, an organization, etc." The word 'fraud' is defined as: "intentional perversion of the truth in order to induce another to part with something of value." These are harsh words and they hardly apply to what transpired between myself and Mrs. [redacted].
Response:
My contract with Mrs. [redacted] was let on 16 May 2016 and outlines work that was to begin on 1 July 2016 and be completed no-later-than 1 August 2016 "...subject to inclement weather and or other circumstances beyond the control of the Contractor," (as per contract). Every contract I let requites a 10% deposit. Both of the former issues occurred on this project. Mrs. [redacted] was not defrauded, nor am I a fraud!
First: The work was initially set to begin weeks earlier but Mrs. [redacted] delayed the start until the 1st of July to accommodate others she was visiting with. This required me to reschedule outdoor work already contracted before I signed with Mrs. [redacted]. As is already commonly known we have had a very wet season for outdoor work with rain occurring every couple of days. This weather continues to this day. As Mrs. [redacted] was fully aware I work by myself and I work only one job at a time. The weather caused several delays that I had no control over,thus delaying the start of the work contracted with Mrs. [redacted], as well as all my other clients. This is the reason I include the sentence given in bold above in my
contracts. It only follows that the work could not be completed by 1 August 2016 and it also follows that I was in complete compliance with my contract. No 'fraud' was employed, nor was Mrs. [redacted] `defrauded,' as she so harshly claims.
Second: On 20 July 2016 I was admitted on an emergency basis to [redacted] hospital for a drug interaction that caused me to lose consciousness and fall sustaining serious injury to my left elbow and my intestines--intestinal rupture--that required me to be intubated for three days along with nine days of ICU care. This occurrence was entirely beyond my control. While undergoing treatment and while confined within the ICU it was impossible to communicate with anyone but hospital staff. I was not released until 7/31/16. Clearly, here too I am in full compliance with my contract as written to govern this very set of circumstances that are beyond my control. Again, given the above it is more than evident that Mrs. [redacted] was not defrauded.
Complaint:
"[redacted] has been contacted several times to complete the work, but he has not responded to voice or text since July."
Response:
This statement is just blatantly untrue! This complaint is entirely specious! Except for my
hospitalization my phone records show open communication via phone calls and text messaging going all the way back to May, as well as via email. There were three contacts made in June alone regarding the work she would have me do for her: 7/1/16, 7/15/16, and 7/31/16. We also communicated several times in August. Prior to August there was no complaint from her. I was given no warning that she would take the action she has in accusing me of defrauding her. I even emailed her an offer to complete the work in November at a $1,500.00 discount as all the work was indoors and my outdoor commitments to other clients would preclude my getting to her sooner.
Conclusion:
It is my opinion that Mrs. [redacted] violated and breached the terms of our contract by ignoring the "...subject to inclement weather and or circumstances beyond the control of the Contractor" clause, by violating the paragraph that stipulates "This contract shall not be assigned to any party other than those identified and or signed to herein, nor shall any other party be allowed to execute any part of this agreement or the work described herein. Should the Owner do either of the above it shall be
considered a material breach of this contract," and lastly by her utter disregard of the clause which states that "...cancellation or avoidance of any kind in part or in whole of the covenants of this contract (not mutually agreed upon in writing) on the part of all parties signed hereto shall be deemed a material breach of this contract by Owner in which case all deposit funds shall be forfeited by Owner
to Contractor."
Mrs. [redacted] decided unilaterally to declare the contract in breach. She never communicated her intent to me in writing or allowed me to offer remedy or mutually agreed upon opportunity to cancel the contract without grievance, rancor, or prejudice as required by our contract. She hired three other contractors ("[redacted]") to replace me without my knowledge or written consent as required by our contract. Also, in defiance of her saying I was 2-1/2 months late in starting it must be pointed out that the contract was to begin on 1 July 2016 and not 15 May 2016--the day before it was signed. My attorney advised me to return the deposit to Mrs. [redacted] and consider myself lucky to be free of what would surely be a difficult customer to please. My desire was to go to court over breach and for slander of myself and my business. I may do this yet on my own in small claims court as she is not worth employing an attorney.
In my nearly 40 years of business in contracting I have had only three difficult clients and Mrs. [redacted] is the third. Only one client required litigation and I won the judgement in that case.
I received your Dispute Resolved letter just yesterday. In the letter you included Mrs. [redacted] wordage regarding withdrawing her complaint as she promised to do in her email of 12 August 2016 11:23 AM. She withdrew her complaint with a complaint. I satisfied and complied with her request that her deposit be returned and she had stipulated that she would remove her complaint, as in "If you are
referencing my complaint at the Revdex.com, I will remove it and the state's attorney complaint as soon as my deposit is returned." She has failed to keep her word and her complaint still stands. This should be rectified with the removal of complaint wordage altogether and in doing so truly bring this complaint to full resolution.
I thank you [redacted] for the opportunity to address this sordid situation with Mrs. [redacted] and can only hope you honor her word where she did not. All email correspondence will be included in the hard copy I will send today to your office. Please feel free to contact me at any time if there is anything further I can do for you or the accurate representation of me and my company with the Revdex.com.
Sincerely,
[redacted]
Final Consumer Response /* (2000, 11, 2016/08/25) */
Coryco Construction has returned my deposit. I can only hope Mr [redacted] changes his business practices to become more customer focused and not wait 2 1/2 months to let others know of his delay in meeting contractual obligations.