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Donna's Home Furnishings Reviews (2)

Complaint: [redacted]
I am rejecting this response because:
[redacted] response was broad and confusing, so I will respond to each point individually:“First of all thank you very much for your response and reminding me of this matter.” In my conversation with Revdex.com claim POC, I understand [redacted] did not reply to Revdex.com first email request or Revdex.com second email request, and only after phone contact clarifying his Revdex.com rating would be damaged by not responding did [redacted] provide this response.   Revdex.com can clarify the specific details for future readers, but certainly [redacted] could not be described as “immediately responsive” to this complaint and he refused to respond to my 12 Feb 16 email requesting resolution before I even needed to contact Revdex.com.“I went into a contractual agreement with mr. Lee. There was nothing on hard paper showing exactly how payment was going to be executed as well as the time frame”. [redacted] misstates the facts.  My 25 Jan 16 email clearly identifies the timeframe of the job and my 28 Jan 16 email clearly identifies the payment schedule we agreed to for this contract.  I can provide those emails to Revdex.com for review if [redacted] refutes this specific detail.  Part of [redacted] challenge is he uses multiple email accounts, which in hindsight appears to be due to unscrupulous practices where he needs multiple identities.“Mr. He agreed to use our company to do the project in accordance to [redacted] engineering.” A misstatement.  At all times/communication with [redacted] I clearly stated that the project was to be completed in accordance with the [redacted] Engineering design, the geotechnical report, and the homeowners association siting approval.  [redacted] has stated he did not read those documents until after he had started the job. This entire situation is due to his poor bid practice and his belief he could talk the engineer and me into agreeing to the type of sub-quality product he normally produces.  “I met with ready from [redacted] engineering and discuss to him that I was going to do a 6 inch and a half from the highest point of the slab.” Mr. [redacted] of [redacted] engineering, who [redacted] identifies above as “ready”, has stated he did not agree with what [redacted] proposed and expressed frustration that [redacted] was being untruthful to me about the conversation they had.  I encourage Revdex.com to contact [redacted] to get an unbiased statement of the facts.  Even had [redacted] agreed to [redacted]’s plan, a verbal agreement between [redacted] and [redacted] would not change the contract [redacted] had with me to complete the project according to the [redacted] Engineering design, which what stamped by a licensed professional engineer (PE), Mr. [redacted].  [redacted] is not a licensed PE and did not have the authority to change the design verbally, or otherwise.  In fact it would have been illegal for [redacted] to do that and would have put his employment and Mr. [redacted]’s license at risk, so the motivation for [redacted] to do something so foolish is unclear.  [redacted] has shown a significant habit to manufacture conversations and facts that reasonable effort by Revdex.com should easily disprove.“I also met with mr. [redacted] and discuss with him my intentions.”When we met the evening I accepted his bid, [redacted] mentioned he thought he could convince [redacted] to change their design and I clarified multiple times that the contract was for the design and I would only accept a PE-stamped change to the design after we had all agreed to the changes in general concept.  [redacted] agreed he would get [redacted] to provide a PE-stamped change to the design, but he never followed through.“There was an agreement on both parties and work was to proceed.” The agreement was for [redacted] to proceed to build the foundation per the [redacted] Engineering design and the other pertinent written details of our contract.“The elevation that was discussed could have been resolved by Excavating the soil to meet the natural grade flow that [redacted] engineering was suggesting. I agree that I would go head and excavate that's all is well however upon beginning cleaning of the area there was an electrical line going to the pump house that was only one inch below grade. Also upon Excavating for the sidewalks the water line was only 3 inches below grade as well which does not meet any code.” [redacted] believed he could convince the engineer to change the design, but was unsuccessful because his ideas were structurally unsound.  The electrical and water line were known utilities that I pointed out to [redacted] when we first met.  [redacted] is aware there is no code for the water line depth in unincorporated Bexar county and his assertion that he would excavate soil on top of the underground main power line to the house, where CPS does have minimum depth requirements that would have been broken by the excavation, indicates his lack of concern for codes.“Upon that I just got with ready with [redacted] engineering about us bringing cement in using a concrete buggy and a bobcat he said due to the ditches he did not want any equipment on top of the parking area so these are changes that were made that needed to be addressed I was not being unfair I was simply asking for the exact cost of a pump trailer which was asked through [redacted] engineering all these issues or changes that were Beyond My Control.” [redacted] told me [redacted] stated he planned to drive a heavy bobcat on top of his forms, carefully placed fill, and wires after the pre-pour inspection in order to place concrete in the forms.  [redacted] told me he told [redacted] that would invalidate the inspection per the design detail page on hoe to properly place concrete.  [redacted] appears to have fabricated the story about a parking area concern, since there was never any issue with parking, unless he means parking heavy equipment on top of delicate reinforcement wires that form the basis of the foundation’s structure.  I encourage Revdex.com to contact [redacted] to get an unbiased opinion of the truth.“Mr. [redacted] that when we started this project we were working at a fast pace and a strong pace I explained to him that I was working on other projects and would need to receive more money because of the amount of Base that we had already purchased which exceeds $2,000 he saw the material and offered to pay for that so that I can have more funds to continue.” I do not know a Mr. [redacted] and why [redacted] mentions him.  If [redacted] intended to say that he told me he working at a fast pace, he may have said he was working at a fast pace, but I put no time pressure on [redacted].  His fast pace and sloppy work was his decision.  On the second day on the job, [redacted] complained about cash flow and asked if I could pay some of the contract amount early to help offset the fill amount he had not correctly estimated and unanticipated problems on his other jobs.  The discussion we had and note on the check (#3033) I gave [redacted] clearly stated it was the first draw towards contract completion, not a payment for the material delivered.  In his 11 Feb 16 email, [redacted] stated his total cost of all the fill delivery was $1,500, so his current claim of $2,000 for the fill is another misstatement/misdirection.  If [redacted] denies this fact, I will provide Revdex.com with a copy of the email.  While I have offered to be fair-minded and consider reimbursing [redacted] for some of the gravel cost, two independent contractors I have contacted estimate the total cost of the fill material at $450 and $875 delivered, not $1500, and certainly not $2,000.  In addition, the improper placement of the gravel requires heavy equipment to remove it, which makes its value negligible.  I encourage Revdex.com to ask [redacted] to provide delivery receipts for the material and let me verify with the gravel company that the receipts are valid/for my address.  I will consider fair reimbursement for material minus the cost to move the improperly placed fill away from areas that require additional excavation to meet the design.“After discussing the issues in regards to the pump and the water line and electrical it came to a conclusion that his intentions were not to pay for anything until the cables were stretched and job was completely finished.”  This is clearly another misstatement on two fronts:  My intention on payment schedule was clearly stated in my 28 Jan 16 email, which [redacted] has acknowledged receiving in his 11 Feb 16 email, and was prior to any work being commenced.  The contract payment schedule was clear, with first payment after the forms and cables were properly placed and the second payment after successful post-tension inspection.  [redacted]’s exaggeration of the facts in this case is typical of his continual misinformation, misdirection, exaggeration, and attempts to mislead. “This is not the way I operate nor does any other company we require the concrete to be paid by the homeowner which is only fair and the cables for the post tension as well as any base material. After explaining to him that I could not do that he's an intern removed all my forms and put them by the street.” The statement , “…he’s an intern…” is unclear and makes no sense.  After giving [redacted] sufficient time to respond to my rejection of his attempt to extort additional money from me, and receiving no reply from [redacted], I informed him he was in material breach of our contract and at my cost, I removed his property to the curb where he could retrieve the forms.  As discussed earlier, if the payment schedule terms were unacceptable to [redacted], he should not have accepted the contract.“All the base material was on his property that he paid for I never argued with him I'm never try to not complete this project this is not like my practice to try to take advantage of any customers.” Another very difficult to understand/illegible statement.  [redacted] was welcome to the gravel if he had returned my $2,000, but he clearly knows it is not worth $2,000 and the cost to load and move it exceeds its value.  The contractor I have hired to complete the job did not value the gravel more than the cost of removing it from its improper placement in order to properly excavate the beam trenches.  I believe it is abundantly clear it is [redacted]’s standard practice to underbid a job, rush some material to the site, take advantage of a homeowner’s good intentions by getting some initial funds, and then extort the homeowner.  An unethical tactic called “bait and switch”.“And I don't think you should be the practice of customers to try to take advantage of the contractors as I feel mr. Lee's intentions were.” I provided the same proposal request to multiple contractors and provide more than what I promised in our contract.  My intentions were, and still are, to pay what I offered for professional completion of the job.  [redacted]’s libel against an innocent homeowner should be a warning to future homeowners considering his services.“I'm sorry that his decisions went the way they did I am a good contractor I have been in business for a lot of years my reputation is what I live for and strive by we go above and beyond to try to make our customers happy and unfortunately this has been an experience I have not had in over 6 years”I believe Revdex.com and anyone reading this should be clear that [redacted] did not go “above and beyond” and is a contractor who takes advantage of honest homeowners.  I have generously offered to consider compensating [redacted] for some of his material costs, while waiving claims for damage to my property and the additional storage costs his delays have caused me, but he has refused reasonable arbitration.  I am willing and able to substantiate all facts I assert in this complaint, but [redacted] is unable to do the same, and I am able to show Revdex.com clear evidence of misstatements in his response.  If this complaint is not satisfactorily resolved this month (March 2016), I will be forced to pursue legal action in small claims court, and will include all damages to my property, opportunity costs, legal costs, and court costs in my suit.  This complaint should be a warning to anyone considering employing [redacted] Gomez or Excalibur Construction in the future.  Regards,
[redacted]

First of all thank you very much for your response and reminding me of this matter. I went into a contractual agreement with mr. Lee. There was nothing on hard paper showing exactly how payment was going to be executed as well as the time frame. Mr. He agreed to use our company to do the project in...

accordance to [redacted] engineering. I met with ready from [redacted] engineering and discuss to him that I was going to do a 6 inch and a half from the highest point of the slab. I also met with mr. [redacted] and discuss with him my intentions. There was an agreement on both parties and work was to proceed. The elevation that was discussed could have been resolved by Excavating the soil to meet the natural grade flow that [redacted] engineering was suggesting. I agree that I would go head and excavate that's all is well however upon beginning cleaning of the area there was an electrical line going to the pump house that was only one inch below grade. Also upon Excavating for the sidewalks the water line was only 3 inches below grade as well which does not meet any code. Upon that I just got with ready with [redacted] engineering about us bringing cement in using a concrete buggy and a bobcat he said due to the ditches he did not want any equipment on top of the parking area so these are changes that were made that needed to be addressed I was not being unfair I was simply asking for the exact cost of a pump trailer which was asked through [redacted] engineering all these issues or changes that were Beyond My Control. Mr. [redacted] that when we started this project we were working at a fast pace and a strong pace I explained to him that I was working on other projects and would need to receive more money because of the amount of Base that we had already purchased which exceeds $2,000 he saw the material and offered to pay for that so that I can have more funds to continue. After discussing the issues in regards to the pump and the water line and electrical it came to a conclusion that his intentions were not to pay for anything until the cables were stretched and job was completely finished. This is not the way I operate nor does any other company we require the concrete to be paid by the homeowner which is only fair and the cables for the post tension as well as any base material. After explaining to him that I could not do that he's an intern removed all my forms and put them by the street. All the base material was on his property that he paid for I never argued with him I'm never try to not complete this project this is not like my practice to try to take advantage of any customers. And I don't think you should be the practice of customers to try to take advantage of the contractors as I feel mr. Lee's intentions were. I'm sorry that his decisions went the way they did I am a good contractor I have been in business for a lot of years my reputation is what I live for and strive by we go above and beyond to try to make our customers happy and unfortunately this has been an experience I have not had in over 6 years.[redacted] 
[redacted] 
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