Designer Epoxy Finishes Inc.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:
 
[Your Answer Here]
 
Contrary to Designer Epoxy Finishes Inc. false claims, I personally contacted him July *, 2014 the same day after his pre-meditated “pull out” of my job. Rather than making an effort to resolve our differences, I received a bold-faced email dated July **, 2014 from [redacted], the president of Designer Epoxy Finishes Inc.:,
“Let me be clear WE ARE NOT RETURING TO THE SITE WITHOUT A SIGNED NEW CONTRACT, INVOICE AND PAYMENT MENTIONED BELOW PERIOD.”
Soon thereafter, Designer Epoxy Finishes Inc. sent another new dubious double dipping invoice calling for $134,848.41 which amounted to $23,065 in duplicate charges over and above the original contract sum of $111,783.41. To increase the balance over and above the initial invoice, he up-charged and sur-charged us for materials and labor that were clearly documented as contract inclusive and pre agreed to be his obligations and responsibilities under the original contract.
In essence, he is holding us hostage with his staged job pull out and shamelessly charging us an increment of $23,065 as a ransom payment to return to the job site and complete the same job that he agreed to complete for $111,783.41 in which he had already collected $99,553.00 with more than 50% of the job still left undone.
All the delays that prevented him from completing the job as scheduled were caused by none other than Designer Epoxy Finishes Inc. itself.
With reference to his false assertions regarding site preparedness, again contrary to what he is now claiming, the three floors of the building were more than adequately spotlessly cleaned and empted by others prior to their engagement. As a matter of fact, out of 15,438sqft of space, only three small rooms have scanty items in them and they were previously discussed and agreed that Designer Epoxy Finishes Inc. should finish the floor of the opposite storage room first so that those things can be moved over which they have failed to do to date.
As a general matter, in its response, Designer Epoxy provided no specificity whatsoever in claiming that the work it completed thus far was outside the scope of the Contract and caused by my delay. Anyone who is looking to avoid responsibility can make such bare claims, but no documents were provided to support those bare claims.  And no documents were provided to bolster Designer Epoxy’s side of the story because they simply do not exist. Rather, instead of addressing the merits of the complaint that I had, Designer Epoxy Finishes Inc. states, without specificity, that my business has done this to other contractors.  Again, the lack of specificity is telling, equaled only by the lack of relevance of my interaction with these alleged un-named third-parties.  
And now, in response to my complaint to Revdex.com, Designer Epoxy Finishes Inc. promises to go forward with “legal action” in a thinly-veiled effort to avoid liability for its affirmative malfeasance, another instance of a company utilizing its financial wherewithal to silence opposing views.  
In my opinion the maneuvers by Designer Epoxy Finishes Inc. served as an “advance fee” scam:
it took too much money up front and repeatedly sought payments in advance of performing the corresponding aspects of the work.   So if a dispute arose, the customer had no means of leverage as it had already paid in advance for a portion of the work that was never performed.   So, after paying Designer Epoxy Finishes Inc. $99,553.00 out of $111,783.41 contract price, I am currently left with:
·         50% of the work still outstanding and undone;
·         An extortionate demand for additional advance fee money;
·         All the expenses and damages I incurred relating to Designer Epoxy’s failure to complete the job;
·         The burden of finding, and paying, a new contractor to finish the flooring project; and
·         The threat of imminent legal proceedings.   
As the saying goes, Caveat Emptor. Buyer Beware! 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

These Claims are baseless and false. We in our many years
have never had an issue like this with any client. All of the new charges are
out of the scope and were caused by the clients numerous site delays. It was
made very clear on several occasions that this was going to happen if...

she did
not prepare the site. She had never had the site ready and all of the
contracted items have been followed. There were anticipated credits that were
being offered but once it goes to collections a mechanics lien all of those
discounts are gone she was advised of that and it is stated in our contract.
She had only incurred some additional charges that would have brought us up to
date but she declined to respond to our last communication and she has felt the
need to go the Revdex.com route instead of working it out. She has done this to many
Contractors in the past we are not the only ones this project has taken many
years due to her inability to run a construction project. We are also far more than
80% completed with the floor and everything is documented on our end. No later than
this week the building will be moving forward with Legal action on our part.
Revdex.com we ask that you remove this claim from our spotless record as the client
has refused to communicate with us under several attempts to reach out. She is
simply trying to smear our good name and spotless Revdex.com Record. Thank you for
your time

Review: On or about May **, **14, [redacted], [redacted] entered into an agreement with Epoxy Finishes Inc. aka Orders@Epoxy Finishes / North East Decorative Concrete Supply Inc to install approximately 15,438sq of epoxy floor on a commercial property located at [redacted] within 35 days for a flat fee of $111,783.41. On July *, **14, [redacted], [redacted], pulled out of the job after he had collected $99,553 of the contract sum with 50% of the job still left undone demanding that we must sign a new contract and pay him unsubstantiated and fraudulently crafted additional $15,755.37 fees and new charges over and above the original contract amount as a condition for him to come back and finish the job. Please note that agreement was based solely on square footage as quantity of materials were never specified or discussed. Please see exhibit #1.

[redacted] insisted that it is their company policy to adhere to a 50% down payment with 4 accelerated weekly balance payment that does not represent in any way percentage of work completed and stored at the site. Please see exhibit #2.

The entire job was earmarked to be completed within 35 days according to the contract but subsequently, delays occurred and their accelerated payment plan had put about 93% of the contract money into their hands with more than 50% of the job still undone.

On June **, **14, he coerced us into even more accelerated collection of the $24,460.48 balance by citing some delay factors, promising to absorb them and making it sound as if he was giving us a deal or doing us a favor when the factors he itemized were all contract inclusive and his responsibilities as material quantities were never discussed or specified because the contract was based solely on number of square footage to be covered. They should have been all anticipated with a contingency plan put in place from the beginning. The three floors of the building are bare concrete floors with some visibly cracks, if he encountered more, may be their grinding machine caused the damages. The coves they installed are not any larger than what was called for. In fact, they are installing exactly 6 inches of cove base as specified on the contract. See page 3 of exhibit #1. Material delays he cited are solely within his control and responsibility. We gave him the deposit prior and the selected chips confirmation were given to him same day he presented correct color board design samples to us as he made design color mistakes along the way. As a matter of fact, he said he did not have real grout samples for us to choose from other the paper color charts. Again, we gave him grout confirmation as soon as he showed us a board design of our selected chip with the grout color that he recommended on it. See exhibit 3, 4 &5. Earlier on, he even told us that some of his workers messed up the basement floor installation that took a lot of days to repair. Again, we have nothing to do with it.

His real delay problem though, was that undisclosed to us, he started another job at Chaminade High School located in Mineola within two weeks of job commencement resulting in scaled down work crew/days/hours and missed days.

He had the whole building to himself 99% of the time but after one month of little progress, when the entire job was supposed to have been completed, we asked if he can accommodate other workers. He approved but we still mostly keep off. On July [redacted], we asked his foreman at the site if it is ok for a plumber to quickly get a piping work done within the outskech of the 1st floor next day and he said no problem. Plumber arrived on the morning of July [redacted], and on inquiry, by [redacted] his foreman, the plumber said it will only take 45 minutes, maximum of one hour. He approved but all hell broke loose when he got on the phone with [redacted] who told him to conceal the day even as he was telling him the plumbing work will be fast with no mess for them to clean because the plumber laid wide protective cloth spread on the floor. I heard him protesting, telling him that it makes no sense to conceal the day as they have plenty of other work in areas of different floors to do within that small time frame including protecting the finished areas in the basement with masonry paper that they suppose to have done June [redacted] according to [redacted]’s earlier email to us, to no avail. Soon as the foreman hung up the phone, he told the two men with him to load all their materials inside their truck. They were still there loading long after the plumber finished his piping work within 45 minutes and left.

Shortly after his crew packed up and left the building, we received an mail from [redacted] informing us they have officially pulled out from our job citing all sorts of false accusations and informing us that he will impose a new contact which must have to be signed and paid before they can return. Please see exhibit #6&7.

It was then we realized that the accelerated payment plan he insisted on was deliberately preplanned. Currently, with almost all the contract money in his pocket while more than 50% of the work are still undone he staged a pull out to impose and extort even more money from us for his comeback.

Please also note that he is refusing to refund the concealed full $4,600 earmarked for installing epoxy on all toilet walls, citing false and unfounded reasons. Realizing that epoxy is also originally planned to go on toilet floors, we sought [redacted]’s opinion on how to match the toilet walls with the epoxy floors and he said he can install epoxy on the toilet walls too, so he subsequently priced and itemized it on the contract but after seeing the look and texture of some already finished epoxy floors, [redacted]s decided to do ceramic tiles on the toilet walls instead. we then ask him if his company also installs ceramic tiles and he said no, so we told him to cancel the epoxy on the toilet wall idea and refund fully as non of the materials to be used has been decided or chosen to date. No board design samples have been presented for chip/style selections and as such no material was confirmed or recorded to be bought. If he claimed he ordered materials for toilet walls, he did that without recorded authorization and confirmation from [redacted]s therefore he is solely responsible for his expenses.

On July [redacted]14, we received another email from [redacted] again raising all sorts of false accusations, falsely and fraudulently demanding a total of $15,755.37 additional fees and new charges over and above the original total contract price. Please refer to exhibit #7.

Again as he claimed, color picking delays were not caused by us as we gave him the selected chips color confirmation same day he presented correct color board design samples to us. If anything the “massive 3 weeks delays” were caused by him because he does not do chip color matches or combinations himself. He relied on out of state company for that aspect which caused more than 3 days back and forth chip mailing and receiving delays per request totaling almost 3 weeks.

They did not move anything around or clean debris as he claimed because a pre floor installation cleaning was done by others. He even commended us for the clean empty floors we gave him telling us that we should have seen the moving and cleaning their other customers put them through. As a matter of fact, they only have installed epoxy floors on empty rooms only. All the rooms with thing in them are still not done. Please see exhibit #3. Besides, before the contract, he told us that moving those things will not be a problem for them. So what was it he moved that he is complaining bitterly about?

Communication is vital to achieving success and satisfaction in any human endeavor. Otherwise outcomes are almost always guaranteed to be disastrous. Communication cannot be seen as harassment but if it is the way he sees it then I am guilt of it.

His assertions that I do not contact him could not be more false. For example, please refer to exhibit#8

He crafted all these false and baseless accusations as a justification to impose a new contract and additional charges on us.

These items listed below from exhibit #7 were either pre agreed to be his responsibilities or fraudulent.

Upcharge#1 $6000 Up charge for 6inches cove base for all areas is contract inclusive. Please see exhibit #1 pg3.

Up charge #2 $750 for Dumpster on site –Pre agreed to be his responsibility. Refer to exhibit#8.

The forty foot trash container he brought to our site is currently full now and needs to be hauled off our parking lot.

Upcharge#3 $1,500 Paper to protect floor when completed – Pre agreed to be his responsibility. Refer to exhibit#9.

Upcharge#4 $8500 Up charge for additional material --- Contract price was not based on Material Quantities. Quantity of materials were never discussed or specified. Refer to exhibit#1

Upcharge#5 $650 Samples charge – Not applicable to this contract. therefore no fee or payment agreement is in existence.

Site Visits#6 Site Visits Charge -- No pre disclosed charge or cost for site visits therefore no fee or payment agreement exists.

Additional new charges 7/* extra labor = Not true

Additional new charges 7/** extra labor = False

Additional new charges 7/** design change = False

The white chip flowing into the rectangle box design

without grout lines around them [redacted] himself showed

me at the site when he eventually showed up on 6-**-14 was not

what his crew designed. They boxed the white chip inside the rectangler box with grout lines

around them. I did not change the design. They did. Additional labor charge - Not my responsibility. Exhibit #10

Additional new charges 7/** leak delay = False

False claims subtotal = $3,700 – Not Payable. Not our responsibility

Post pull out cleaning $2,1** – Not our responsibility.

Designer Epoxy Finishes actions and inactions have caused past and protracted expenses to us which must be paid by them as follows:

•$5000/day of missed work to cover operating expenses and lost revenues starting from 7-*-14.Desired Settlement: Complete their duties and obligations specified on the attached contract and pay expenses we incured due to their actions and inactions

Business

Response:

These Claims are baseless and false. We in our many years

have never had an issue like this with any client. All of the new charges are

out of the scope and were caused by the clients numerous site delays. It was

made very clear on several occasions that this was going to happen if she did

not prepare the site. She had never had the site ready and all of the

contracted items have been followed. There were anticipated credits that were

being offered but once it goes to collections a mechanics lien all of those

discounts are gone she was advised of that and it is stated in our contract.

She had only incurred some additional charges that would have brought us up to

date but she declined to respond to our last communication and she has felt the

need to go the Revdex.com route instead of working it out. She has done this to many

Contractors in the past we are not the only ones this project has taken many

years due to her inability to run a construction project. We are also far more than

80% completed with the floor and everything is documented on our end. No later than

this week the building will be moving forward with Legal action on our part.

Revdex.com we ask that you remove this claim from our spotless record as the client

has refused to communicate with us under several attempts to reach out. She is

simply trying to smear our good name and spotless Revdex.com Record. Thank you for

your time

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[Your Answer Here]

Contrary to Designer Epoxy Finishes Inc. false claims, I personally contacted him July *, 2014 the same day after his pre-meditated “pull out” of my job. Rather than making an effort to resolve our differences, I received a bold-faced email dated July **, 2014 from [redacted], the president of Designer Epoxy Finishes Inc.:,

“Let me be clear WE ARE NOT RETURING TO THE SITE WITHOUT A SIGNED NEW CONTRACT, INVOICE AND PAYMENT MENTIONED BELOW PERIOD.”

Soon thereafter, Designer Epoxy Finishes Inc. sent another new dubious double dipping invoice calling for $134,848.41 which amounted to $23,065 in duplicate charges over and above the original contract sum of $111,783.41. To increase the balance over and above the initial invoice, he up-charged and sur-charged us for materials and labor that were clearly documented as contract inclusive and pre agreed to be his obligations and responsibilities under the original contract.

In essence, he is holding us hostage with his staged job pull out and shamelessly charging us an increment of $23,065 as a ransom payment to return to the job site and complete the same job that he agreed to complete for $111,783.41 in which he had already collected $99,553.00 with more than 50% of the job still left undone.

All the delays that prevented him from completing the job as scheduled were caused by none other than Designer Epoxy Finishes Inc. itself.

With reference to his false assertions regarding site preparedness, again contrary to what he is now claiming, the three floors of the building were more than adequately spotlessly cleaned and empted by others prior to their engagement. As a matter of fact, out of 15,438sqft of space, only three small rooms have scanty items in them and they were previously discussed and agreed that Designer Epoxy Finishes Inc. should finish the floor of the opposite storage room first so that those things can be moved over which they have failed to do to date.

As a general matter, in its response, Designer Epoxy provided no specificity whatsoever in claiming that the work it completed thus far was outside the scope of the Contract and caused by my delay. Anyone who is looking to avoid responsibility can make such bare claims, but no documents were provided to support those bare claims. And no documents were provided to bolster Designer Epoxy’s side of the story because they simply do not exist. Rather, instead of addressing the merits of the complaint that I had, Designer Epoxy Finishes Inc. states, without specificity, that my business has done this to other contractors. Again, the lack of specificity is telling, equaled only by the lack of relevance of my interaction with these alleged un-named third-parties.

And now, in response to my complaint to Revdex.com, Designer Epoxy Finishes Inc. promises to go forward with “legal action” in a thinly-veiled effort to avoid liability for its affirmative malfeasance, another instance of a company utilizing its financial wherewithal to silence opposing views.

In my opinion the maneuvers by Designer Epoxy Finishes Inc. served as an “advance fee” scam:

it took too much money up front and repeatedly sought payments in advance of performing the corresponding aspects of the work. So if a dispute arose, the customer had no means of leverage as it had already paid in advance for a portion of the work that was never performed. So, after paying Designer Epoxy Finishes Inc. $99,553.00 out of $111,783.41 contract price, I am currently left with:

· 50% of the work still outstanding and undone;

· An extortionate demand for additional advance fee money;

· All the expenses and damages I incurred relating to Designer Epoxy’s failure to complete the job;

· The burden of finding, and paying, a new contractor to finish the flooring project; and

· The threat of imminent legal proceedings.

As the saying goes, Caveat Emptor. Buyer Beware!

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,