Eaton Construction Services

Ms [redacted] :I am mailing to you today my response to Complaint # [redacted] BelowI have listed my brief response the items as noted in the complaint, andmy reply to eachi have enclosed a copy of the original Contract I signed with the Janysek(***) FamilyIt clearly states that any and all additional work willbe done at the cost of labor and materials plus 10% profit and if theextra work constitutes additional time to complete, that time will beadded to the original completion dateexpect we were delayed over 3months repairing all the termite damage, and electrical and plumbing problems aswell as doing all the additional work and changes the [redacted] FamilyrequestedI have also enclosed a copy of the original items to bid onthat I was given by [redacted] I generated a spreadsheet listingeach item on the list of items and presented them to the [redacted] familyon 8-21-These items are what I based the original cost of the project onDuring the course of demolition, we discovered a tremendous amountof termite damage in the west wall near the kitchen area, the westliving room wall, and the staircase, east staircase wall, and thedividing wall at the staircase landing (see photos)This damage was so severe thatthe second story of the house was collapsing down on the lower story.It was pressing on the kitchen window so bad that the window frame wascrushed and since the upper story was resting on the lower story brick,much that the brick has started to buckle outMany more days, and Isuspect the upper story would have collapsed onto the lower storyIhave enclosed a number of photos showing this damageAll of thisdamage was finally repaired by my company and the house treated for termitesI billed the [redacted] family separately for all of this termite damage repairworkAs thedemo continued, we discovered that all the plumbing in the kitchen area,and downstairs bathroom was inferior, and not up to codeAlso theelectrical was very poorly done, and in places taped together, with manyplaces having bare wire showingAlso the electrical panel was not upto code and had to be replacedNone of this work was bid in theoriginal contract amount, and it turned into a considerable cost torepair all of these itemsAll the additional electrical work andplumbing work were repaired, as the work progressed on the originalspreadsheet(final copy enclosed)The [redacted] continued to request additional items be done to the house, and changed many items that I had already given them a price onAll of these changes again caused delays in the completion of the ProjectI met with Mrand Mrs [redacted] on March 28, and we carefully dida complete walk-through of the Project and immediately prepared apunch list that day and emailed them (copy enclosed) that dayIt clearly statesin my Contract that after a punch list is prepared, that I have daysto complete the list to the Owner's satisfactionI had every intentionof doing soBut on March 29, she said in the enclosed email forme not come back on the property, that they would hire a "competentcontractor" to complete the jobShe also accused me of not removingthe old concrete support post from the project that day (March 28, 2016)as promised, but will enclose a photo and my email to her that all thepost were removed from their property on March 28, as promised.she apparently failed to check before she sent the emailDuring the course of construction on the Project, I suffered asevere intestinal problem and had to have emergency surgery(see copy)I went in for surgery on November 16, 2015, and was released onNovember 23, I spent days in ICU, and almost months at home recoveryThe surgeon removed almost 13" of my large intestinesYet during this time, with the help of my wife, and trusted subcontractors, we never missed a day of work on the projectIn fact met mrs [redacted] and her sisters on two separate occasions when I should have been home completing my recoveryThey also accuse me of requesting additional funds for work thatthey say should have been includedAs the original spreadsheet willbear out, and the final updated spreadsheet will show, none of theadditional items I requested payment for are included on the spreadsheet.Please see spreadsheet for a detailed breakdown of the requested extra cost.To give a final brief synopsis of the Project, I think the Janysekfamily continued from almost the start of the job, to take advantage ofmy company, and request extra items again and againThe action theytook on March 29, kept me from finishing my punch list items, totheir satisfaction and receiving my final paymentI am at this timeworking with my attorney to review our options, which may include a "Breach ofContract"lawsuit, filing a lien against thier property,as well as a"Defamation of Character lawsuit against Kevin and [redacted] ***for lies and slanderous statements they made to my employees on several occasionswill be more than happy to provide you with any additional documents you may need to settle this complaint.The items enclosed are:The signed contract dated 8-21-The breakdown sheet prepared by [redacted] These are the items that I was originally asked to bid onA copy of surgical information from Scott and White hospitalA punch list from [redacted] emailed to me on 2-24-All of these items were completed by 2-29-The punch list that I prepared and emailed to [redacted] on 3-28-after meeting her and her husband at the ProjectA copy of the email received from [redacted] on 3-29-In this email she claims the concrete debris has not been removed from their property, which in fact it was removed the afternoon beforeA photo will be attached laterThe original Cost Breakdown for the Project, based on items that I was asked to bid on, prepared by [redacted] The final spreadsheet showing the final amount of funds remaining in the job, aswellas the amount due for extras and additions that were not part of the orginal bidrequestby the [redacted] familyMany photos showing the extent of the insect damagePhoto showing that all concrete debris from the old boat house has been removed.This was completed on 3-28-I was asked to leave the stack of stone for theirfutureuse, even though I paid for them, and was never reimbursedBest Regards, [redacted] Construction Services

Ms. [redacted]:I am mailing to you today my response to Complaint # [redacted]. BelowI have listed my brief response the items as noted in the complaint, andmy reply to each.1. I have enclosed a copy of the original Contract I signed with the Janysek([redacted]) Family. It clearly states that any and all...

additional work willbe done at the cost of labor and materials plus 10% profit and if theextra work constitutes additional time to complete, that time will beadded to the original completion date. 1 expect we were delayed over 3months repairing all the termite damage, and electrical and plumbing problems aswell as doing all the additional work and changes the [redacted] Familyrequested. I have also enclosed a copy of the original items to bid onthat I was given by [redacted]. I generated a spreadsheet listingeach item on the list of items and presented them to the [redacted] familyon 8-21-15. These items are what I based the original cost of the project on.2. During the course of demolition, we discovered a tremendous amountof termite damage in the west wall near the kitchen area, the westliving room wall, and the staircase, east staircase wall, and thedividing wall at the staircase landing (see photos). This damage was so severe thatthe second story of the house was collapsing down on the lower story.It was pressing on the kitchen window so bad that the window frame wascrushed and since the upper story was resting on the lower story brick,much that the brick has started to buckle out. Many more days, and Isuspect the upper story would have collapsed onto the lower story. Ihave enclosed a number of photos showing this damage. All of thisdamage was finally repaired by my company and the house treated for termites.3. I billed the [redacted] family separately for all of this termite damage repairwork. As thedemo continued, we discovered that all the plumbing in the kitchen area,and downstairs bathroom was inferior, and not up to code. Also theelectrical was very poorly done, and in places taped together, with manyplaces having bare wire showing. Also the electrical panel was not upto code and had to be replaced. None of this work was bid in theoriginal contract amount, and it turned into a considerable cost torepair all of these items. All the additional electrical work andplumbing work were repaired, as the work progressed on the originalspreadsheet. (final copy enclosed)4. The [redacted] continued to request additional items be done to the house, and changed many items that I had already given them a price on. All of these changes again caused delays in the completion of the Project.5. I met with Mr. and Mrs. [redacted] on March 28, 2016 and we carefully dida complete walk-through of the Project and 1 immediately prepared apunch list that day and emailed them (copy enclosed) that day. It clearly statesin my Contract that after a punch list is prepared, that I have 7 daysto complete the list to the Owner's satisfaction. I had every intentionof doing so. But on March 29, 2016 she said in the enclosed email forme not come back on the property, that they would hire a "competentcontractor" to complete the job. She also accused me of not removingthe old concrete support post from the project that day (March 28, 2016)as promised, but 1 will enclose a photo and my email to her that all thepost were removed from their property on March 28, 2016 as promised.she apparently failed to check before she sent the email.6. During the course of construction on the Project, I suffered asevere intestinal problem and had to have emergency surgery. (see copy). I went in for surgery on November 16, 2015, and was released onNovember 23, 2015. I spent 2 days in ICU, and almost 2 months at home recovery. The surgeon removed almost 13" of my large intestines. Yet during this time, with the help of my wife, and trusted subcontractors, we never missed a day of work on the project. In fact 1 met mrs. [redacted] and her sisters on two separate occasions when I should have been home completing my recovery.7. They also accuse me of requesting additional funds for work thatthey say should have been included. As the original spreadsheet willbear out, and the final updated spreadsheet will show, none of theadditional items I requested payment for are included on the spreadsheet.Please see spreadsheet for a detailed breakdown of the requested extra cost.To give a final brief synopsis of the Project, I think the Janysekfamily continued from almost the start of the job, to take advantage ofmy company, and request extra items again and again. The action theytook on March 29, 2016 kept me from finishing my punch list items, totheir satisfaction and receiving my final payment. I am at this timeworking with my attorney to review our options, which may include a "Breach ofContract"lawsuit, filing a lien against thier property,as well as a"Defamation of Character lawsuit against Kevin and [redacted]for lies and slanderous statements they made to my employees on several occasions.1 will be more than happy to provide you with any additional documents you may need to settle this complaint.The items enclosed are:1. The signed contract dated 8-21-152. The breakdown sheet prepared by [redacted]. These are the items that I was originally asked to bid on.3. A copy of surgical information from Scott and White hospital.4. A punch list from [redacted] emailed to me on 2-24-16. All of these items were completed by 2-29-16.5. The punch list that I prepared and emailed to [redacted] on 3-28-16 after meeting her and her husband at the Project.6. A copy of the email 1 received from [redacted] on 3-29-16. In this email she claims the concrete debris has not been removed from their property, which in fact it was removed the afternoon before. A photo will be attached later.7. The original Cost Breakdown for the Project, based on items that I was asked to bid on, prepared by [redacted].8. The final spreadsheet showing the final amount of funds remaining in the job, aswellas the amount due for extras and additions that were not part of the orginal bidrequestby the [redacted] family.9. Many photos showing the extent of the insect damage.10. Photo showing that all concrete debris from the old boat house has been removed.This was completed on 3-28-16. I was asked to leave the stack of stone for theirfutureuse, even though I paid for them, and was never reimbursed. Best Regards,[redacted] Construction Services

EATON AND ASSOCIATESNovember 25, 2014 Re: [redacted] Project and Letter  We were contracted by Mr. and Mrs. [redacted] to do several items on their home near Burnet.  This included removal of the flooring in the kitchen and living area, removal of existing cabinets, removal of misc. trim in...

living room and kitchen, new wood flooring, new kitchen cabinets and counter tops.  Also, misc. texture, painting, trim and carpenter work.   After we removed all the existing cabinets, my cabinet maker, [redacted] carefully prepared a drawing of the new cabinets, and carefully went over each and every detail and dimension with Mrs. [redacted].  After the custom cabinets were built, and installed, Mrs. [redacted] did not like the layout, although she had agreed a week or so earlier that she was satisfied with the design before the cabinets were built.   After much discussion, she agreed to pay 1/2 of the removal and replacement cost of the new cabinets.   She proceeded to give me a check in the amount of $1,250.00, which I, in good faith, deposited in my construction bank account.  After the new cabinets were built and installed, my bank called, and said the check she had given me had been returned for non sufficient funds.  It not only cost me $35.00 for the returned check, my bank charged me $25.00 each for checks I had written since the returned check from her caused my account to be overdrawn.  I did not charge her for these fees, although they cost me almost $100.00.  She finally, did give me a check that cleared my bank. In my cost for painting the cabinets, I  originally charged her for painting the cabinets only.   After the cabinets were installed and the painter had completed the cabinets paint job, she said she wanted a "glaze" finish.  She also told him that I would be paying the extra cost of $1,500.00 (see enclosed invoice).  I was not aware of this until the "glaze" was complete and my painter came to me to get paid.  Since she refused to pay him for this extra work, I will have to pay him this out of pocket expense, since it was not his fault.  This was not part of the original bid!  Also, in the letter from Mr. [redacted], he said he had hired someone else to finish the job.  This is not true, as my superintendent is still finishing up some loose ends on the Project as of this date.  Mrs. [redacted] originally chose a wood floor color, and we removed all the old flooring from the living room, kitchen and breakfast room, and utility room.  After ordering the floor, she decided to change color, and also now wanted us to do the bedroom which was another 190 sq. feet of flooring.  The new flooring has been ordered, and we will install it, including the extra amount the moment it comes in next week. I feel that we have done everything humanely possible to please Mr. and Mrs. [redacted].  They have used my subcontractors at their discretion to ask them to do extra work, and then my subcontractors come to me for payment when the requested work was not part of the job.  They continue to use their age and disability as an excuse that me, my company and my subcontractors should do all of this extra work at no charge.  I will continue to complete the project, and will soon have the wood floor installed, including the additional square footage requested by Mrs. [redacted].  And I feel that when we complete the job, it will be satisfactory to the [redacted]s.  Thank you for your time and consideration in this matter.  Sincerely,  [redacted]Eaton and Associates