Counter Tops Cabinets & More

In hind sight, we should have known early on that this customer and our company were not a good fit for eachother, but for the sake of business and not judging we signed them into a contract for new cabinets and countertops in their home.  I have attached the contract.We entered into a contract...

with Mr. Pitzl on 3-9-16.  During the contract signing meeting, he walked us through the project and indicated things that were to be part of the job, that were never previously discussed, however, we were willing to do them.  He also made me change our typical payment terms.  I agreed.  I stated at the signing meeting that we would be in touch with him approximately 2 weeks before we were ready to start in the home, to touch base with him and go over last minute details.  Our lead time on this project was 8 weeks therefore the contract completion date was "approximately" 5-11-16.  We ALWAYS have our completion dates as "approximate" dates as we can never forecast how the jobs prior are going to go.  Approximately a little over a week later, after the signing meeting, I get a frantic email from him that he's "worried" because he has heard nothing from us.  I replied.  Over the two months I think I have received 10+ email correspondences from him, letting us know how horrible we run our business, that we take people's money and run, and that we have no sense of customer service or communication.  I responded to every phone call, every email, etc... nicely, professionally, and kept clearly stating that until it gets closer to the job I have no updates for him.  I would reiterate that I would be in contact approximately 2 weeks prior to the job.  He would also say things like "I have sent several messages with no response".... although I answered everything that came to us.  He would brag about what a huge business he had and that he wouldn't be in business if he ran it in the fashion that we did.  Last week I contacted him and let him know about some set backs that had recently occurred with a job that was prior to his on our schedule, and that we were running about a week late.  He was agreeable at that point and told me to just keep him in the loop.  He stated several times that he's ok with the date not being exact.  Just to keep him informed.  I emailed back telling him that I would have an update for him by Sunday 5-8-16.  I was out of town for the weekend and my husband, Frank, sent an email update to him over the weekend.  On Sunday 5-8-16 at 7:45am I received an email from him assuming whatever Frank had said to mean we would be another month out.  I, not knowing at that point that Frank had sent an email, sent another email to reassure him I would update him Sunday evening when I returned from out of town.  When I got back and checked my emails, Mr. Pitzl had sent an email at 1:08pm stating that we "had breached our contract and will cause him lost income on the home."  He stated "at this point I am going to decide how to collect both his down payment and lost income as a result of our breech."At this point he broke out of the contract, in our opinion.  He removed himself and threatened to sue.  SO, with everything that we had experienced thus far, we decided that he would probably be suited better with a different contractor.  We DID NOT breach anything.  The contract completion date has not come and gone yet.  The date is 5-11-16.  He broke the contract before the completion date even came up.  I simply responded by giving him our lawyers information and told him that everything at this point needed to be negotiated through our attorney.  All I did was basically agree with him, and let him go.  To that I received at least 5 more threatening emails.  I sent one more email telling him I would no longer be responding, and reiterating to direct all correspondence to our lawyer.  I asked him to stop.  I know that you need to do that so if someone keeps on after that point it is harassment.  Since I asked him to stop, he has called at least 10 times and emailed at least 4-5 times.  I am keeping track.Our remedy for this is conciliation court.  We have labor and materials that have gone against his down payment, and are going to let the lawyer handle any monies due.  The sad part is, if he would've just waited until I emailed him his update, instead of him blowing up at us, we could have had his job complete in the "week late" that I told him it would be done in.  This is a situation that we would not like to remedy any other way than through our lawyer.  At this point we do not trust him and what his motives are.  There is something "no right" about this whole situation and it is best to let it go through the legal system to remedy.Please let me know if you need any further information or clarification.Thank you.

I am rejecting this response because: (updated consumer response)
We proposed an initial contract with the company.  They initially forgot part of the contract and completely left it off the agreement.  After considerable discussion and revisiting emails, the company recognized that they completely forgot part of the overall project and added this back to the contract. As the original emails indicated, they left off a desk portion in the kitchen and a lower desk portion off the contract.  I showed them the original emails and outline and they understood that they missed a portion of the contract.  Again, they did added to the contract.   The following is my response to the companies response.  Would you be kind enough to update???     During our visit, it was indicated that they "Guaranteed" the project would be completed in Eight Weeks or by 5-11-16 and I asked this be put into the contract.  I required this as I had a new person moving into the house that month.  Numerous times they indicated this would be completed well ahead of schedule.   Over the course of several weeks and no calls or updates from the company, I attempted to reach out and get clarification.  I had to contact the company several times and each time was told we are on course for completion and on schedule.  Each time I would reach out and ask is assembly under way, are we on target, please give me an update.  I could never get an exact answer.  In fact, each time they would tell me "we will get this done on schedule"   After several angry emails asking where we are sitting with the project and no indication if they have even started making the cabinets, I get an email indicating the following:   "We, unfortunately, had a set back last week, on a job prior to yours, that is putting us out about another week. We are scrambling to get caught up as quickly as possible.  The last couple months for us have been quite trying. My mother unexpectedly passed away, our one worker got in a motorcycle accident and is laid up unable to work, and our son quit without notice. Frank's nephew has started working with us now so we are getting back on track.   We will call you today or tomorrow to discuss.  I am sorry that you feel communications have not been adequate. I apologize. That one is on me as Frank has been on job site or in the shop 12+ hours a day, even on weekends, for the last two months so we can keep everyone moving forward as quickly as possible.    Please be patient with us, you will not be disappointed. “    I never received a call after this email and again reached out asking for some clarification on the project.  I could never get an exact answer but kept being told "please be patient".   I still do not know if the cabinets have been started or have any idea of timeline for a project that was supposed to be completed within 8 weeks (as stipulated in the contract).  We are now two months after the fact and I still have no idea if this has been started or when it will be completed.  Yes...I am very upset.   The bottom line is that after the company received my down payment the phone calls stopped, the communication stopped, and I had to reach out to the company for any communication.  These folks took my money, signed a contract to complete by a specific date and then never followed up.  The contract they signed speaks for itself.  It clearly indicates a completion timeline of Eight Weeks or by 5-11-16.   If they could have provided some idea of timeline or some type of follow-up, I would have been very understanding.  I just have no idea what is done or what has been done or if anything is completed at this point.  I simply keep getting “Please Be Patient” and no ideas of status.