Emma S Aquino, MD

Initial Business Response / [redacted] (1000, 5, 2015/06/09) */ Contact Name and Title: Shane E [redacted] owner Contact Phone: XXX-XXX-XXXX Contact Email: [redacted] @gmail.com Ervin Brothers painting was hired by complainantDuring the estimate client stated that she was willing to have items left out due to budget restraintsAfter a couple of weeks of negotiation an agreement was madeClient was very difficult to work with from the very first day insisting she knew more about the painting trade and how to preform the work then we didErvin Brothers denies the allegations of sex acts happening at the job siteOn the day of Shane having a meeting with client and her mother Ervin Brothers was accused of using Walmart paint and brushesThese allegations are totally falseWe only use professional paint and equipment from professional paint stores Sherwin Williams and GliddenIn years of working with homeowners we have never experienced a customer so difficult to work withWe did not receive any money from this client and felt that the best remedy was to take our loses and walk awayErvin Brothers has a long standing reputation of quality and professionalism and we stand behind this reputationThank you, Shane E [redacted] OFFER: Initial Consumer Rebuttal / [redacted] (3000, 8, 2015/06/13) */ (The consumer indicated he/she DID NOT accept the response from the business.) As our contract states, Ervin Brothers was hired to "paint the trim, base, windows (interior only), doors, and frames" in my homeA contract was written and exchanged which included but was not limited to: Ervin Brothers 1) covering and protecting my furniture and carpet; 2) all interior paint will be Sherwin-Williams; 3) completing the project in an estimated 2-days As a matter of clarity, we would like to provide the definition from dictionary.com of "breach of contract" for Ervin Brothers PaintingIt is: "failing to perform any term of a contract, written or oral, without a legitimate legal excuseThis may include not completing a job, not paying in full or on time, failure to deliver all the goods, substituting inferior or significantly different goods, not providing a bond when required, being late without excuse, or any act which shows the party will not complete the work ("anticipatory breach") The efforts of Ervin Brothers resulted in breach of contract in the following ways: 1) Spilled paint on carpet, walls, tile, clothing, outdoor brick and landscaping, and our water hose and attachment; due to the lack of appropriate protection, covering, and carelessnessThis has created an unjustifiable cost to restore flooring, wall paint color, and tile back to the original state; 2) Utilization of Glidden paint, which was different than what was presented in the contract; 3) A project that was not close to being completed by the fifth day on-site (June 8th), which is the day he quitIn addition, the verbally agreed upon start date was June 1, 2015, in which I took off work to meet Ervin Brothers Painting, and they did not show up, or communicate with us until approximately 10:a.mon June 1, to alert us they would not be starting until June 2, 2015; 4) Doors and window treatments still remain un-hung and completely unfinished, the job was entirely unsatisfactory, including poor workmanship, their shoeprints embedded in doors they installed which they considered a finished productSignificant runs and dripping paint can be found throughout their work, along with gaps and dings in doors, which were to be sanded and corrected prior to primingDue to not properly taping off drywall, priming paint is seen on existing wall paint, which we no longer haveTo repair the work and damage that was caused by Ervin Brothers Painting, we have received multiple quotes from professional painting companiesThe quotes state that the workmanship was poor, the preparation of the wood was insufficient, and there will be significant additional expenditure to me, to properly correct and complete this projectIt was also stated that Sherwin-Williams Pro Classic paint should have been used for the trim work, which was in the contract, but not used by Ervin Brothers Painting In addition, it was reported to us by our neighbor that she observed through our open window in public view, two Ervin Brothers Painting employees having intercourse in our front room on June at approximately 2:p.mThe neighbor correctly identified the two members which were present alone in our homeWhen this was discussed with Shane ***, he appeared embarrassed, he apologized for the behavior, and had the painters replaced on June with different crew membersThis has no bearing on the contract, but adds to the unprofessional nature of the crew chosen on our project at that time When he arrived for work on June 8, he, himself agreed several times that much of the work was "poor workmanship." As he continued to tell me that I would be happy with the job after it was completed, I was very much surprised when he walked off of the job and left my home is such disarray on June MrE***'s response is erroneous and fraught with inaccurate innuendoNowhere in the contract did it state I could not contact Ervin Brothers Painting regarding our valid concerns of the damage done to the flooring and poor work being done to our homeIt appears that he left the job because he was unable to fulfill his obligations under the agreed upon contractErvin Brothers represented themselves as bonded and insured, and an accredited member of the Revdex.com (which we were later told by the Revdex.com they are not an accredited member and would be contacted by the Revdex.com to remove their logo from all further paperwork)As such, my expectations were that they would do a quality job and in the event of a default, would be able to adequately cover their lossesConsequently, the relief I seek is: 1) have my newly installed carpet restored to its original state; 2) payment to cover the difference for an alternative contractor to repair the damage to my woodwork and doors, and have it prepped (including sanding) and painted properly as originally planned; 3) to have my window treatments and doors hung as they were before the project began; and 4) payment to purchase new wall paint to correct the priming paint Ervin Brothers got on our drywall We have hard copies of the estimates from professional painting companies, but to protect them from this matter, we will not publicly upload their estimates and commentsWe agree to e-mail the estimates privately to the Revdex.com or other necessary partiesWe will also provide pictures of all the damage as described The 5th day on-site, additional concerns were brought to Shane ***'s attention and upon quitting and walking off the job, he stated "This is done, do what you need to do to me!" However, he refused to respond to my attempts in contacting him to retrieve his insurance information In addition to the breach of contract, the Ervin Brothers website (www.ervinbrotherspaintingfw.com) falsely advertises and contradicts the work done to our property with the following statements: 1)"you can trust our painters to cover your carpets...before the first drop of paint is applied to your walls;" 2)" mutually agreed upon completion date;" 3)"in-depth surface preparation before any materials are applied;" 4)"professional painters with a meticulous approach;" 5)"you will feel confident about our level or service and work ethicThe job is not complete until you have become one of our satisfied customers;" 6)"Revdex.com member." Due to the breach of contract, advertising, and personal property damage done , we expect a timely resolution to this matterIt is obvious from the facts above that this complaint is due to a breach of contract, and not a personal matter, as suggested by Ervin Brothers Paining in their rebuttalAn issue like this is why contractors have insurance We will provide estimates for all items affected as mentioned aboveWithout a timely resolution, we will not hesitate to take further legal action, and Ervin Brothers Painting will be contacted by our attorney - Homeowners Final Business Response / [redacted] (4030, 22, 2015/07/09) */ Ervin Brothers has a long history of customer satisfactionThe quality of our work always comes firstThere are times in business when some customers can not be satisfiedErvin Brothers did not charge this costumer any moneyWe also are sorry if her experience with us was not satisfactoryAs far as Ervin Brothers is concerned this matter is closed Shane [redacted] Owner Ervin Brothers Painting

Initial Business Response /* (1000, 5, 2017/11/10) */
Ervin Brothers agrres to pay $to reslove this matterA check will be sent out to customer right away
Initial Consumer Rebuttal /* (2000, 7, 2017/11/16) */
(The consumer indicated he/she ACCEPTED the response from the business.)

Initial Business Response /* (1000, 5, 2016/12/05) */
[redacted] Brothers would and will gladly take care of this problem. Customer contacted us concerning painting behind her toilet and we agreed to take care of it. The problem was we could not get to it fast enough due to current obligations. This was...

just something that was missed and not noticed until we had been paid and left the job.
Thank you
[redacted]
Owner
Initial Consumer Rebuttal /* (3000, 7, 2016/12/07) */
(The consumer indicated he/she DID NOT accept the response from the business.)
If the issue can be resolved (painting completed) by December 18th, be done when I am able to be there (not conflicting with work hours), and include both behind the toilet and the area mentioned behind the door where the painter's tape must have removed the paint from the wall, this response would be considered acceptable. Since it has been more than 90 days since the issue was reported, waiting any longer is not acceptable.
Final Business Response /* (1000, 17, 2017/01/31) */
Ervin Brothers painting will gladly take care of any problems. If the customer will please call us to setup a time and date to get the work done.
XXX-XXX-XXXX
XXX-XXX-XXXX
Final Consumer Response /* (2000, 24, 2017/02/21) */
The issues of concern related to the initial painting that was done in my home in August 2016, was finally corrected on February 16th, 5 1/2 months after being brought to the vendor's attention. It took approximately 15 minutes to correct the issues. It boggles my mind to think that a contractor wouldn't have wanted to correct this immediately opposed to losing myself and other potential customers due to poor customer service.

Initial Business Response /* (1000, 5, 2017/05/18) */
We have no problem taking care of this customers problem. We were notified on 5/16/2017 of the problem and attempted to contact Mr.[redacted] 5/18/2017 with no answer on his phone. Ervin Brothers estimator [redacted] left a message that someone...

call him. We will continue to reach out to this customer to find a solution to the problem.
[redacted]

Initial Business Response /* (1000, 5, 2017/03/15) */
Ervin Brothers paints over 200 properties a year. Sometimes mistakes are made and we certainly apologize for any inconvenience. Ervin Brothers will gladly have a paint representative from the paint manufacture and a representative from our...

company come to your home and find a solution to your peeling problem. We paint many interior trim jobs and have never had a problem of this nature in the past. Give us a call and will will arrange for a meeting to get this resolved.
[redacted]
Initial Consumer Rebuttal /* (3000, 7, 2017/03/20) */
(The consumer indicated he/she DID NOT accept the response from the business.)
At this point we have an appointment possibly being scheduled for this Thursday with a paint consultant. Tim [redacted] informed me that he will call me tomorrow to confirm if they can meet or not. Nothing has been scheduled yet nor have we discussed a resolution to this matter. After I meet with the paint consultant and Ervin brothers (hopefully this Thursday) I will gladly update my response, however I'm not sure that this matter will be resolved within the ten day time frame.
Final Consumer Response /* (3000, 32, 2017/10/02) */
This is [redacted]. We are starting to have the same issues with the paint pealing. Should I create a new issue on the Revdex.com? At this point we just want refunded. It was a pain dealing with Ervin brothers painting last time.
[redacted]
Final Business Response /* (4000, 37, 2017/10/23) */
Ervin Brothers Painting considers this matter closed.

Initial Business Response /* (1000, 5, 2015/06/09) */
Contact Name and Title: Shane E[redacted] owner
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@gmail.com
Ervin Brothers painting was hired by complainant. During the estimate client stated that she was willing to have items left...

out due to budget restraints. After a couple of weeks of negotiation an agreement was made. Client was very difficult to work with from the very first day insisting she knew more about the painting trade and how to preform the work then we did. Ervin Brothers denies the allegations of sex acts happening at the job site. On the day of Shane having a meeting with client and her mother Ervin Brothers was accused of using Walmart paint and brushes. These allegations are totally false. We only use professional paint and equipment from professional paint stores Sherwin Williams and Glidden. In 30 years of working with homeowners we have never experienced a customer so difficult to work with. We did not receive any money from this client and felt that the best remedy was to take our loses and walk away. Ervin Brothers has a long standing reputation of quality and professionalism and we stand behind this reputation. Thank you, Shane E[redacted]
OFFER:
Initial Consumer Rebuttal /* (3000, 8, 2015/06/13) */
(The consumer indicated he/she DID NOT accept the response from the business.)
As our contract states, Ervin Brothers was hired to "paint the trim, base, windows (interior only), doors, and frames" in my home. A contract was written and exchanged which included but was not limited to: Ervin Brothers 1) covering and protecting my furniture and carpet; 2) all interior paint will be Sherwin-Williams; 3) completing the project in an estimated 2-3 days.
As a matter of clarity, we would like to provide the definition from dictionary.com of "breach of contract" for Ervin Brothers Painting. It is: "failing to perform any term of a contract, written or oral, without a legitimate legal excuse. This may include not completing a job, not paying in full or on time, failure to deliver all the goods, substituting inferior or significantly different goods, not providing a bond when required, being late without excuse, or any act which shows the party will not complete the work ("anticipatory breach").
The efforts of Ervin Brothers resulted in breach of contract in the following ways: 1) Spilled paint on carpet, walls, tile, clothing, outdoor brick and landscaping, and our water hose and attachment; due to the lack of appropriate protection, covering, and carelessness. This has created an unjustifiable cost to restore flooring, wall paint color, and tile back to the original state; 2) Utilization of Glidden paint, which was different than what was presented in the contract; 3) A project that was not close to being completed by the fifth day on-site (June 8th), which is the day he quit. In addition, the verbally agreed upon start date was June 1, 2015, in which I took off work to meet Ervin Brothers Painting, and they did not show up, or communicate with us until approximately 10:00 a.m. on June 1, 2015 to alert us they would not be starting until June 2, 2015; 4) Doors and window treatments still remain un-hung and completely unfinished, the job was entirely unsatisfactory, including poor workmanship, their shoeprints embedded in doors they installed which they considered a finished product. Significant runs and dripping paint can be found throughout their work, along with gaps and dings in doors, which were to be sanded and corrected prior to priming. Due to not properly taping off drywall, priming paint is seen on existing wall paint, which we no longer have. To repair the work and damage that was caused by Ervin Brothers Painting, we have received multiple quotes from professional painting companies. The quotes state that the workmanship was poor, the preparation of the wood was insufficient, and there will be significant additional expenditure to me, to properly correct and complete this project. It was also stated that Sherwin-Williams Pro Classic paint should have been used for the trim work, which was in the contract, but not used by Ervin Brothers Painting.
In addition, it was reported to us by our neighbor that she observed through our open window in public view, two Ervin Brothers Painting employees having intercourse in our front room on June 3 at approximately 2:45 p.m. The neighbor correctly identified the two members which were present alone in our home. When this was discussed with Shane [redacted], he appeared embarrassed, he apologized for the behavior, and had the painters replaced on June 4 with different crew members. This has no bearing on the contract, but adds to the unprofessional nature of the crew chosen on our project at that time.
When he arrived for work on June 8, he, himself agreed several times that much of the work was "poor workmanship." As he continued to tell me that I would be happy with the job after it was completed, I was very much surprised when he walked off of the job and left my home is such disarray on June 8.
Mr. E[redacted]'s response is erroneous and fraught with inaccurate innuendo. Nowhere in the contract did it state I could not contact Ervin Brothers Painting regarding our valid concerns of the damage done to the flooring and poor work being done to our home. It appears that he left the job because he was unable to fulfill his obligations under the agreed upon contract. Ervin Brothers represented themselves as bonded and insured, and an accredited member of the Revdex.com (which we were later told by the Revdex.com they are not an accredited member and would be contacted by the Revdex.com to remove their logo from all further paperwork). As such, my expectations were that they would do a quality job and in the event of a default, would be able to adequately cover their losses. Consequently, the relief I seek is: 1) have my newly installed carpet restored to its original state; 2) payment to cover the difference for an alternative contractor to repair the damage to my woodwork and doors, and have it prepped (including sanding) and painted properly as originally planned; 3) to have my window treatments and doors hung as they were before the project began; and 4) payment to purchase new wall paint to correct the priming paint Ervin Brothers got on our drywall.
We have hard copies of the estimates from professional painting companies, but to protect them from this matter, we will not publicly upload their estimates and comments. We agree to e-mail the estimates privately to the Revdex.com or other necessary parties. We will also provide pictures of all the damage as described.
The 5th day on-site, additional concerns were brought to Shane [redacted]'s attention and upon quitting and walking off the job, he stated "This is done, do what you need to do to me!" However, he refused to respond to my attempts in contacting him to retrieve his insurance information.
In addition to the breach of contract, the Ervin Brothers website (www.ervinbrotherspaintingfw.com) falsely advertises and contradicts the work done to our property with the following statements: 1)"you can trust our painters to cover your carpets...before the first drop of paint is applied to your walls;" 2)" mutually agreed upon completion date;" 3)"in-depth surface preparation before any materials are applied;" 4)"professional painters with a meticulous approach;" 5)"you will feel confident about our level or service and work ethic. The job is not complete until you have become one of our satisfied customers;" 6)"Revdex.com member."
Due to the breach of contract, false advertising, and personal property damage done , we expect a timely resolution to this matter. It is obvious from the facts above that this complaint is due to a breach of contract, and not a personal matter, as suggested by Ervin Brothers Paining in their rebuttal. An issue like this is why contractors have insurance.
We will provide estimates for all items affected as mentioned above. Without a timely resolution, we will not hesitate to take further legal action, and Ervin Brothers Painting will be contacted by our attorney.
- Homeowners
Final Business Response /* (4030, 22, 2015/07/09) */
Ervin Brothers has a long history of customer satisfaction. The quality of our work always comes first. There are times in business when some customers can not be satisfied. Ervin Brothers did not charge this costumer any money. We also are sorry if her experience with us was not satisfactory. As far as Ervin Brothers is concerned this matter is closed.
Shane [redacted]
Owner
Ervin Brothers Painting

Initial Business Response /* (1000, 10, 2016/08/04) */
[redacted] Brothers estimator [redacted] did the estimate. At the time of the estimate [redacted] was at home working on his front porch. Mrs. [redacted] was also home. Neither home owner indicated that they wanted anything in the rear of the home painted,...

nor did they walk or ask Ervin Brothers to look at any side of the home other then the front. It is very common that the front of a home is painted and not the remaining sides. Many of the newer homes have 3 sides vinyl and wood fronts. We did not and do not find it necessary to list exclusions unless a job is broken up and the customer is only painting certain items. [redacted] was present when the job was being done. He was in fact sitting in his garage most of the day. When the men completed the work he inspected the job and then paid in full. Ervin Brothers would gladly paint items in the rear of the home if we were being paid to do so. However we were not asked by the home owner to go to the rear of the home and include these items. This is possibly just miss communication. Again the customer simply was not charged to paint anything in the rear of the home.