Cote's Construction

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.  Thank you for your response. [redacted] requests a copy of the original contract and the mechanic’s lien. Can we mail them to you?  If so, to what address?   Or do you want us to scan and email them?  Please advise.  We have photographs showing the work stated in the contract to be done, that was not done.  If you would like them please let us know how – electronically or mail.A visual inspection of our house will show that Mr. [redacted] is not truthful when he states that, “the framing and foundation of the house was in significant disrepair and has major structural problems.”  We were home during the work and did not see anyone taking pictures of our house before, during, or after so be sure you get pictures of our – not another – house from Mr. [redacted] should he submit any to you.A visual inspection of our house shows our concerns very clearly.  [redacted] did ask that the wall-hung clothes dryer be installed in the place from where Mainstay Builders removed it 6-weeks prior only because it was re-installed incorrectly by Mainstay Builders.  Should we pay twice for the same work especially when it was done incorrectly the first time? Mr. [redacted]’s contract states that Binding Arbitration will be used to settle any dispute but he chose to file a Mechanic’s Lien – a court action.  He ignored his own contract on that as well as other points. We paid him in full after he claimed he fixed our primary concerns on August 18th  and he agreed that was the final, full payment under our contract (check #449 for $7,970).  Meanwhile he had already prepared another invoice – invoice #734 is dated August 17th - that we received in the mail days later.  Would you like a copy of it? On our original complaint we listed the amount disputed as $7,000 as that covers invoice #734 plus interest.  Depending on how long this takes to resolve that amount may also cover some of the work we had done, by another contractor, to replace rotten trim on one window that was not replaced by Mr. [redacted] as per his contract.  Rotten trim on two other windows still must be replaced.  We have no idea how much it will cost to fix or replace the siding that has opened up because it was not correctly overlapped by Mainstay Builders.  Getting a quote for that is complex since we must find a contractor who will do such repair work and involve the siding manufacturer, [redacted].  We contacted [redacted] and are awaiting their reply. Our primary request is that Mr. [redacted] void invoice #734 (plus interest) and remove the mechanic’s Lien from our home and property. We have already absorbed additional costs to have work done - that his contact said he would do but - he didn’t do.  We welcome your questions.  We welcome inspection of the house and the work Mainstay Builders did here.  We appreciate your effort to resolve this.  Mr. [redacted] should not have an A+ Revdex.com rating if he bids low, does not honor his contract, and then bills additionally for work that was done incorrectly or could have easily been considered in his original bid. Regards, [redacted]  Dear Beth,I have sent to you by email this morning (4/11/15) - [email protected] - documents (Mechanics Lien, Invoice 734, Contract and photos) you requested. Please let me know if you do not receive them.   We will be away from internet, computer, email and phone from April 15-24.Thank you,James [redacted] Dear Beth,Thank you for replying requesting our documents electronically. The scans of the Contract, Mechanic's Lienand Invoice 734 are attached as well as 2 of 6 pictures we took during and after construction. Four morephotos, taken in August, 2014 after Mr. [redacted] claimed he completed the job as per his contract, will be sentin the next email. We are on DSL and 6 photos will not ngo outn in one email.Our primary complaint is Invoice 734 and the debt collection method Mr. Write used (i.e. Mechanic's Lien thatis a court matter, not Binding Arbitration as per his contract (article 5.4). Invoice 734 represents work Mr.[redacted] claims he did, without our permission and not in writing (article 5.3) to change his contract from(Exhibit A) 'Nail any loose T111 siding' to 'Screw any loose T111 siding.' Invoice 734 also specifies 11CUt outrotten areas and patch with COX Plywood." A photo in next email shows he did not do this.11 Invoice 734 alsostates "cut back siding so it is off deck." He did not do this.We are aware that if a contractor "willfully exaggerated the amount due, and the homeowner can prove it, thecontractor is liable for treble damages.~~ Our photographs and an on-site inspection of the work done/not donewill show we have already paid more than the contractor 'earned' since he did not even do some of the workunder his original contract signed and dated May 15, 2014.We have already absorbed additional cost to have another contractor replace rotten window trim on onewindow and aluminum wrap the new trim without dispute to Mr. [redacted]. We now must have this work done onat least 2 more windows. Still, we paid Mr. [redacted] his full contract price on August 18, 2014.But now invoice 734- dated August 17, 2014- is charging -20% more than his contract bid for work heclaims he did and work done to re-do work he didn't do correctly the first time. He also claims 11Redo trim onback window after it was removed by owner 8/8/14.11 This is not true. [redacted] asked Mr. [redacted]'s employee IFthe trim was rotted, after it was already covered in aluminum, since rotted trim was to be replaced beforeinstalling aluminum over the trim as per Mr. [redacted]'s contract. When the employee removed the trim we foundit to be rotten (but not replaced) and additional rot below was also discovered. We didn't expect Mr. [redacted] tofix that under the original (May 15, 2014) contract. So we asked Mr. [redacted] for an additional bid to repair the'additional rot.' He provided a bid for $860 to do that work but we decided, by then, to hire another contractorto do that work. We can document that work with photos and the other contractor's invoice.We will be out of town and internet, computer, cell phone not available to us from April 15-24. This is a visit toa relative planned several months ago. We hope our inability to respond to your emails, within 5 days, duringthat time will not jeopardize our complaint. Please advise.Thank you,[redacted]PHOTOS attached