Dick Kearsley Service Center, Inc.

Complaint: ***
I am rejecting this response because:The response from Dick Kearsley Service Center, Incis not satisfactoryIf a settlement cannot be reached in the amount of $3,we are prepared for legal action.MrK***'s rebuttal has some very important inaccuraciesHe states that the same problem had been occurring with the previous cooler, which is not the caseWhen we bought the home in the spring of we realized that summer that the evaporative cooler did not function properlyWe never ran it the entire summerWe waited until the following summer (2012) to purchase a new cooler, which was purchased from and installed by Dick Kearsley Service Center, IncDick Kearsley Service Center, Inchas been the only company to ever perform service on our coolerWe never discovered any water coming through our attic and into our house until spring of 2015. MrK*** also states that he was not aware of the problem until after the roof had been replacedWhile it may be true that MrK*** was not aware of the problem, we contacted the company in September, the month before the roofing project began, to let them know that water had been entering our kitchen area in front of the coolerDuring this time, it had not been rainingIt also seemed to only occur in the evening when our cooler was shut off for the nightThis led us to believe that the float was allowing water to continue filling within the cooler and that in turn the excess water was coming down our roof and finding its way into our homeWe figured the float would just need to be adjusted to allow less waterA technician was sent out either that evening or the next dayI discussed the problem with him and he said he would go take a lookAfter a few minutes up on the roof, he came down to tell me that the float was adjusted to prevent over-filling and that he did not know why water would be coming out of the coolerHe said he would go back up to look things over a second timeAfter doing so, he informed me that he adjusted the float even lower than it already was and mentioned that he was still unsure what the cause of the problem wasHe mentioned that if we still experienced a problem, we should contact them againThe water that had been coming into our house off and on for the previous months caused wood up in our attic under our shingles beneath the cooler to rot and warpKnowing that the roof was not in good condition for the impending winter, we knew we needed to hurry and get the roof replaced.The roofer we contracted came to our home to provide an estimateHe saw the damage to the wood in front of the coolerHe said that the wood would obviously need to be replaced and that we would need a complete roof replacement due to the amount of damage below the coolerAfter the roofer began the roofing project he discovered that the cause of the water coming down the roof in front of the cooler was due to the cooler being installed on a duct and shroud that did not allow water overflow out of the shroudThis was causing excess water to drain between the shingles and woodKnowing how to fix the problem, the roofer cut an opening in the shroud and attached a hose to the drain so that the overflow would drain properly ON TOP of the shinglesThis was something that he did not need to do but he knew what was causing the problem and fixed it so that he could continue with the roof project and prevent us from having to continue dealing with the problemIn the months since our roof was finished in October we have not experienced ANY water entering our homeWe know that this is due to the fix by the roofer. MrK*** asserts that it is somehow the roofer's fault that this whole problem occurredHow is the roofer at any fault when he discovered the problem and fixed it? As evidenced, the problem began months before the roofer did any work at our homeAlso evidenced is the fact that Dick Kearsley Service Center Incwas contacted about the problem before the roofer began workFortunately, the roofer discovered and ended up doing the job of the "professionals." The fault lies solely on Dick Kearsley Service Center, IncMrK*** will argue that since the company replaced the cooler using all existing materials, they are not at faultHowever, is it not their job to make certain that the existing materials are in proper working order? It does not matter if a company installed the duct and shroud inappropriately years ago; you were hired to install the cooler and make sure it works and functions properly, which includes proper function of the overflowOver the last four years that the company has been out to our home to service the cooler in the spring and fall, employees never paid any attention to the overflowThis is a problem that should have easily been discovered during the many house calls they have performed at our home over the yearsInstead, the roofer discovered the problem, fixed it, and then somehow is placed at fault by MrK***MrK*** also told the insurance companies and independent investigations companies that the roofer was the cause of the problem, not his companyWe were made known of this as we were informed that our claim had been deniedObviously, this is not trueBut, of course, insurance agencies and companies contracted by them will generally side with the client at the expense of the other party, which is unfair.The mistake of the company to properly assess the working environment before and after installation, as well as during service calls, is one of many mistakes that the company admits toMrK*** admitted to paying out "tens of thousands" of dollars over the years due to employee mistakesOur experience, along with this information, demonstrates that this company is negligent and accident-proneWhile MrK*** states that they may no longer be able to service our cooler for liability reasons due to the work the roofer performed, we have come to the conclusion during this whole experience that Dick Kearsley Service Center Incis the liabilityConsidering the damages and costs we have incurred at their hands, we would never think to do business with them in the future or recommend their services.In no way are we a money-hungry couple that is looking to have our problems fixed with moneyIf this was the case we would have asked for much moreWe are able to pay the debts that have resulted from the company's negligenceHowever, is it fair that we are left with debt that actions of the company, or lack thereof, caused? Had it not been for the damages caused we would have been able to have a second layer of shingles placed on our roof, resulting in a significant cost differenceWe had planned to go this route in the futureInstead, we needed to have our roof completely replaced due to the wood damageThe rotted and warped wood that was replaced consisted of a much larger area than MrK*** alluded toWe had a few shingles missing on our roof, but there were no missing shingles anywhere beneath the coolerMrK*** has received the statement from the roofer along with the receipt of costThe complete cost to have the roof replaced was $7,What it would have cost for a second layer of shingles would have been roughly $3,Since we needed the replacement due to the negligence of Dick Kearsley Service Center, Incand were required to spend much more than we would have for a second layer of shingles, Dick Kearsley Service Center, Incis responsible for a portion of the costWe believe that the cost difference between what we would have spent and what we needed to spend is fair compensationThis amounts to less than half the cost of the roof replacement which, again, only needed to happen due to damages caused by the companyHad workers performed their job properly when installing and servicing the cooler, this problem would have never been experienced and we would have not needed a complete roof replacementMrK*** says fairness goes both ways, but the outcome of this was not fair by any meansIs it fair that we have paid the "professionals" more than $2,over the last four years to do their job and that due to their lack of professionalism and negligence, we also pay for their mistakes? He chooses to not accept that his company is responsible for a mistake that caused damage to our home and ensuing costsInstead, he looks to place blame where it does not logically or factually belongSome individuals may choose to not hold organizations accountable or may accept bullying, but we do not tolerate such actionsWe were raised to believe that integrity and accountability are two very important principles to practice and demonstrateIf we caused damage to the property of another person, we would not look to place blame elsewhere- we would take ownership of our mistake and make things rightIt was our hope that Dick Kearsley Service Center, Incwould do the same. Considering that both parties in this dispute have different definitions of what constitutes fair, we have come to the conclusion that the legal system should be utilized to come to a solution that is fair and just
Sincerely,
The ***'s

I tried calling *** *** to discuss this over the phone but left a messageIt looks like this was a double charge, I'm gonna have this reversed in my system so the account balance is $Sorry for any inconvenience we may have caused youPlease feel free to contact me if you have any
questions or concernsThanks Shane K***

Upon first arrival of looking at the damage that we was called out on, it did appear to be an installation problem. I did in fact tell Mrs. [redacted] that if the problem was created by us that we would stand behind our work and make it right. The roofer had already redone the roof by the time I had...

received the complaint to go and look at said damage. We installed the Cooler in 2012 as a normal change out, using all existing material. We simply took the old cooler off and put the new one on, hooked up the water electrical and set up operation. Upon first inspection of the installation it did indeed appear that we had made a mistake by installing  a Evaportive Cooler on duct and a shroud that did not allow any overflow out of the shroud to just leak down onto the roof and wrought the wood away and leak into the house, but the roofer had sealed the new shingles around the old shroud preventing any overflow of water out of the cooler to simply run under the shroud and onto the roof like it had been doing for the prior 20-30 years (estimation). I didn't realize this till after I had left the home and was able to think about it a little more. I did offer the [redacted]'s that day to repair the ceiling damage and have it repainted, I also told them that if it was too much money I would turn it over to our insurance, this is why we have insurance.. I could tell at the time they didn't want to make a decision right then, so I told them to take their time and discuss it and call me with their decision.  After leaving the house and thinking about it, trying to fully understand what had happened, I had come to the conclusion that this was not the fault of our installation. We did a simple change out using all existing material. The same problem had been going on for years with the original Cooler install. I believe the house was between 20-30 years old, I don't know for sure. [redacted] called me, I believe the next day. He told me that they had planned on replacing their shingles, cause they had missing shingles through out the roof. So they thought it would be fair that they pay for the cost of installing new shingles laid on top of the existing and that Kearsley's should pay for the labor of removing the shingles off the whole roof, to replace some wrotted wood below the cooler, that the roofer recommended replacing in the sum of around $3500.00. The [redacted]'s made the decision of replacing their roof on their own, because of the missing shingles and leak that they had. I was not aware of this problem till after the roof was replaced and was not able to see what it was like before and/or how bad it was or wasn't. I myself am an home owner and share the same burdens we all have finically as home owners. I am also a very fair person. Even though I don't think this damage is our fault, I did offer to have the ceiling damage repaired and I would have done that if they decided to go that route. But come on, $3500.00 is ridiculous. That is not fair at all. [redacted]'s want us to pay to have their entire roof to be stripped off, so that a 4'x4' piece of plywood could be replaced. Fairness would be wanting someone to for removal of that part of the roof that needed repairs, not the entire roof. The roofing company didn't even replace all of the wrotted wood. I told Mr. [redacted], that for that much money we will turn it over to our insurance. My insurance agent contacted my insurer and the time of install and my current insurance company. Each insurance Co. contracted independent investigation companies to come out and look at the job. I was contacted by both companies to go out and supply a ladder for them to access the roof and attic. I stayed out of the house when they first got there and talked to the [redacted]'s. They asked me questions and my opinions, just like they asked for the [redacted]'s opinion on what happened. I was very courteous to just do what they asked me. They asked me to go on the roof and tell them what I thought and thats what I did. I am a very fair person, Kearsley's over the years have paid out tens of thousands of dollars for our employees mistakes. My boss tells me that I give away more than I should, but to do what I feel is right in every situation and thats what I do. I don't feel that us paying out $3500 is fair at all, but its the "American Way" to have your problems fixed with money. I pay for insurance and I had them take this one on because of the amount asked for. Their hired independant investigators didn't feel it was our fault either and denied the claim, meaning "they didn't think it was our fault". I am truly sorry for any feelings I have caused the [redacted]'s. Fairness works both ways, not just on one side. Due to the nature of how the roofer sealed in the shroud, any future leaks that could possibly happen will cause more damage to the roof sheeting and inside the house and we will no longer be able to service the cooler for liability reasons.