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Everett Smith

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Reviews Everett Smith

Everett Smith Reviews (2)

Initial Business Response / [redacted] (1000, 5, 2016/07/18) */ Contact Name and Title: [redacted] Contact Phone: XXXXXXXXXX Contact Email: [redacted] @hotmail.com I was hired by [redacted] and [redacted] to design a home based on a manufactured house layout they hadIn the beginning the project seemed fairly cut and dry, and the clients appeared to know what they wantedFrom the start of the project I was very clear with the clients in terms of the roll I playedI am a designer, and would be acting as there authorized agent to provide the necessary drawings for a new homeIn the beginning I explained the clients that I would be creating a site plan based on the provided information: Plot plan from client w/ storage building, information from the cityBased on the information I explained to the clients that unless a survey/topo map was provided the location of the home would not be exact Property lines, slopes, heights of hills, elevation, grade changes, and the exact location of a house can be provided by a survey/topo engineerThis engineer comes out and uses tools, gps, and calculations to determine the exact location of these itemsI always tell the client in the beginning it would be the best idea to have this done in the beginning to avoid any issues [redacted] and [redacted] were both aware of this in the beginningI also stated that due to their lot being an odd shape that the exact location of the house could not be determined by meWe moved forward with the assumption that there house was located at min, within the city setback requirements As I started designing the home for the clients every floorplan provided was located on an overlay of the client's propertyThe overlay showed a thick yellow line around the property of where the assumed property line wasThis was a document I received from the client, the city, and later from the septic tank engineerThe same site plan was used in all occasions, by (3) different peopleAs a designer and not a certified civil engineer, I wouldn't be able to determine if the documents provided was incorrectWe continued to move forward with the projectI used the provided setbacks from the city of Wildomar and started to design the client's home From the start as I stated I thought the clients knew what they wanted, later I determined this was not the caseFrom 7-first proposed plan, to 10-I created (5) full floor plans, and (3) full sets of elevations and 3d viewsBetween 7-and 10-I will have had many emails, phone calls, meetings at the client's residence, and mine to come up with a design they likedBeyond this letter I will also have a hand written time-line showing the dates of drawings provided, as well as milestones of the relationship with the HouseinsPrior to the plan sent on 10-16, I sent an email to the client 10-stating the frustration this project was causing both partiesI requested that the clients take some time to really determine what they wanted regarding their houseI also stated my concern that the frustrations presented on both sides could cause issues later down the line 11-I received an approval from the client stating they were pleasedAt this point I continued with the plans, elevations, and coordination with the engineerBetween the start of the project and this 12-I have had many conversations with the client about my concerns: Raised foundation vs slab, Conventional framing vstrusses Client wanted steps up to the house in the front, and step at the backI stated this would cause issues with the City, and they may ask for a survey or grading plan(Later the city asked for this.) The location of the house was very tight based on what the clients wanted and the existing conditionsBased on the site plan the house fit, it was just very tight in some areasThe design was always within the setbacks of the assumed property line and city guidelines The septic tank drawing was provided which showed the house, property line, and proposed seepage pitsThe property line again was in the same location as mine We all felt the proposed house within the (e) footprint would be okI was also making sure to explain all steps of the plans to the clientsTension was starting to grow and the reason was rather obviousAnytime money is involved, and people being under deadlines, it can cause frustrationsIt was clear both sides were frustrated but we continued move forward with the project After the Holidays I explained to the client I would receive the final structural engineeringThis created another issue that is expressed in the timelines provided1-4-I sent an email to the client again to give them an update as well as the invoice, this created another issueIn my contract it stated that the house was to be billed on a per sf priceThe garage, and roofed areas would be included under the same guidelinesThis meant that the price would be per sf for the house, the garage size based on client, and any covered patios, decks, or other areasThis was stated in person as well as on the contract [redacted] stated my contract was unclear, and that I did not explain to them the additional cost of patios they added, as well as the large garageAt this point I had already paid the engineer 1.25sf X all covered areas, and the client stated they would not pay thisI explained that if they did not want to pay this then I would remove it from the plans due to lack of paymentIn the end, I decided to work with the clients miss-interpretation I would eat the costI would leave the price of the contract the same, include the addition of garage, as well as the patio for the same priceI also agreed to pay for (7) full sets of plansMy contract stated (3), but again I was working with them1-I sent an email to again express my frustrations as well as concern for outside inputI continued to stay transparent with the clients about how I felt, and my input since I was the design professionalThey seemed to understand and we again continued moving forwardBy the end of January the clients were very frustrated as they moved out and had been paying rent, and I was due to having to keep re-doing work, and adding additional items to my workloadIn February I requested the soils report for the engineer to determine if everything with the foundation was okWe also received a request from [redacted] needing the plans for a civil engineerThe client had attempted to submit the plans, and was rejected based on the city thinking a survey was neededThis was on due to the steps in front, in backAt the end of April a topo map was presentedOnce the topo map was received the client and I determined the Setback was not only in the wrong place, it was at the face of the (e) residence What I determined from this was that the (e) house not only had illegal additions it was also illegally placed on the lotI explained to the client that we needed to determine if the property had any (e) easementsThe reason I asked this was beyond the end of the (e) house the client had a lot of brick work doneThey had high retaining walls, as well as planters, and an entry gate that now went at least 15-Ftbeyond their property, this was unheard ofNot only was the (e) house at the assumed property line, the client had retaining walls, and planters, and gates that were beyond this as wellTypically all of these things would need a permit, and city approvalThis makes for the point that anyone coming to the property, Septic tank engineer, Designer, Previous designer for storage warehouse, and the City of Wildomar Parcel overlay, with knowledge of City requirements would think this was legally builtThe only person who determined otherwise was the civil engineer After this a grading plan was also needed, and I again worked with the clients to help with what I couldThe wife was in tears at a point with the stress of rent, money, and timeI understood that and explained I would not be charging the client anything else, and would do everything I could to helpThis lasted until about 6-After 6-the project took a steady declineI was then provided with an email stating that I breached contract and the client wanted her money back [redacted] and ***, I am sorry for the long road we have been on I have done what you hired me to doCreate plans for a home to submit to the city of WildomarYou received info that the setback is incorrect, preventing you to submitAt this point I have stated that I would revise your plans "again" so you could submit themOn top of that I have spent un-accounted dollars for revisions, (4) other floorplans, Additional engineering for the patios and garage, money for prints, gas driving to your house and business multiple timesI have offered what I could afford which is revising the plansI have paid the engineer in full for his fee, as well as my employees, and materialsI do not have the $7,to refundMy offer still stands if you would like to finalize the plans Sincerely, [redacted] Initial Consumer Rebuttal / [redacted] (3000, 7, 2016/07/19) */ (The consumer indicated he/she DID NOT accept the response from the business.) Before we agreed on the contract, the professional way is to have a survey done for you to determin if the plans and sqft would or would not fitBefore, you take the retainer fee and drew up the plansThats the professional thing to do With our experience with you, even with the survey that shows the property lines, easements and set-backsyou still didn't realize it does not fit! You as a 'professional' should have known that I had to hire a civil engineer to do a grading planHe said he could not do it because the plans diffinetly will not fit to the standards requiredAll you had to do was look at the survey and plot plansWhich the civil engineer did look at At this point, you have caused us so much stress, financial loss, for all the services, survey, soil report, perk test, even a permit fee for Environmental health services, that cost a total of $we had to have done due to fact that, you assured us that the plans would fitWhich don't and we cannot use We are also paying $a month for a year lease we are bound to, because we have to have the existing manfactured home removedAll because, we trusted you and your 'professionalism'We don't trust ever doing business with you againWe don't want to waist another year filled with more stress and financial losses only to find out another year later that the plans your offering to might or might not fit! One waisted year is enough! You complained when we would not pay you more for the garage and patio, which were incluled in contract that we both signedWe read your contractDid you? You need to have done your due diligence as a professional, before taking our money and drawing plans that you assumed would fit, but don't I will ask one more time, to give us a full refund and we will except the loses caused by your lack of skill and professionalism, in the amount $if you give us a full refund of the $7,we paid you basically for nothingI can't use your plans period! Or we will see you in court and we're going to request full restitution for all damages plus legal fee'sWhich would amount to more than we are asking from you The ball is now in your court Final Business Response / [redacted] (4000, 9, 2016/07/30) */ The thing that still seems to be misunderstood by you is that I did not breach any contractIn the very begining before we came upon an agreed design I explained multiple times that the lot was shaped in a very odd wayI explained that I think a survey would need to be done because of thisYou then went to explain that you had a parcel map because of the warehouse that was builtAt this time I explained we could use the parcel information you gave me and we could come up with an estimated location based on the existing houseFor you to state that me not contacting a civil engineer is not professional is just ridiculousThe claims you have posted from the beginning are ridiculousYou want to take me to court to due to a breach of contract when nothing has been breachedI have done everything that I was contracted to doI have provided plans for the house as agreed, engineering as agreed, and the number of prints required to submit The statement stating that I didnt realize it doesnt fit is absurdWhen you sent me the survey the first thing I said to you and you husband was that the property line is extremely clsoer then what was expectedI said that if the property line is that close that you and your husband need to check to see if your property has any easementsThe reason this statement was made was due to the fact I couldnt possibly understand how you have Retaining walls, fences, planters, gates, walkways, and driveways off the property lineThis is illegal per code, and I am not sure why the city wouldnt have come to your house soonerIf you had an easement this would have been the reason all of these items were allowedWhen homes are sold typically they have to at least conform to simple things to be legalBeyond the structure you have illegally constructed everything else would now need to be removed as wellFor some reason you think that this is my faultIf I knew your property had all of these things illegally constructed I would have never done the project Going back to the survey, once you got this survey you went behind me to send it to the engineerI only received the survey when you wanted me to put the information on my site planAs I stated before once I saw it I stated the setback was close, and we had a conversationIn fact one of the conversations was when you were crying stating that you appreciated my help to find out why they needed a grading planI then explained the reason was because of the slopes, and dirt that would have to be retained I am a designer, I am not a civil or structural engineerYou state that being a professional I should have known the house didnt fitI found this out the same time you didI didnt even have the opportunity to revise the plansWhen I offered to change the plans at least (3) times now you have said no So not only did I not breach anything, I also still after all of the issues offered to revise the plan to make it fit accordinglyOne of the easy solutions would have been to bring in dirt and a retaining wall to make more space for the footprint Out of all the professionals that have been brought in, you still are blaming me for everythingYou have been informed of every stepAt times you said I was so rude because I told you what the best direction was, and you never followed anything I saidI stated the lot was tight for what you wanted and that you should get a survey done for an exact locationI stated adding (3) steps in the front of your house, and (1) step in the back would have caused the city to ask about a survey and grading plan, you didnt listenI explained that having a truss roof system would be less expensive then having conventional framing, again you didnt listen Based on all of the emails, phone calls, and interactions you have never followed anything Ive saidYou have always thought you or your husband know better in terms of designing, and construction In regards to the fees, a perc test which was done by an engineer before I even finished my plans was needed regardless if you used me or notIn fact the office you had do the perc test is a civil engineering companyWhen this company did the test and showed the location of the septic tank to close to the property line as wellAs ive stated before if they didnt think anything was wrong with the setbacks, why do you think I would somehow know? Me stating you probably would need one to determine the exact location was stated at the beginning and many times afterI had to explain this to you and your husband multiple time because he didnt understand what I was sayingI also stated that if anything changed I would have no problem adjusting the house to make sure it was okThis was stated many time as well due to the fact I made at least (4) layouts that this was a concern with To sum it up: You said I didnt know the house didnt fit and I didnt understand the surveyAnswer: Yes I did know it didnt fit and stated you need to see if an easement was doneI also stated that I would make the adjustments needed You state my contract included the garage and patioAnswer I stated the house will be charged per sqft, this includes the garage and porchIts says it clearly in black and whiteI understand English is not your first language so I explained it multiple times very clearlyI would need to charge per sqft for the House, the garage, and the porchIt wouldnt make any sens if I said all garages and porches are included and not chargedIf you wanted to build a sqft garage I was supposed to do this for free, the engineer was suppose to do this for free? That makes no senseThe project was per sf all covered areas The year was not wasted because of meThis project took so long because your husband didnt understand floor plansYou would say the floor plan is ok move forward and then after I create elevations and renderings he would say oh is that the bathroom? I continued to work with you and your husband even after I stated that I wanted to cut ties because this project was not going in a good directionI guess that was hindsight because now we are here You are paying a monthI have no idea why you would move out of your house before the plans were even doneThis is just not clear thinkingYou didnt need to move, there was nothing wrong, your house was not be demo'd why did you moveI explained that the City takes a while to approve plans for a new house, A NEW HOUSEThis project was not an additionI think you made extremely poor judgement to move out earlyYour brother is in construction and I draw plansEveryone has told you getting plans approved is a long unknown process You paid me $7,dollars for the plans that were done and engineeredWe revised the plans and re-printed many copies for youYour husband is in the car businessAt what point does he return full payment to a client after the work has been doneIf he does everything that he stated and then the car still doesnt run, does he give the money back? No would anyone think you would be able to say "my car doesn' run still I want the I paid back because it doesn' workIm sorry it doesn' work like thatI have employees, and The engineer has been paid in fullOn top of that I have offered (3) times to revise the plans for you due to the fact I dont have the $7,to give backYou paid me for a service and I did itI didn' breach my contract, I haven ignored your request, I didn' leave you in the dark when the city had questionsI have always been front and center doing my part as a professionalI did not lack any skillThe setback issues was an unforeseen thing that came upThis happens in every project this isnt lack of professionalism, its lack of telling the futureAfter you found this out, I still offered to be professional, so please think before you speak In the end Samer I have done everything I possibly couldMy contract is as clearIt states the payments are not refundableIt also states what is included in my contractSurvey maps, and topos are not includedThe plans can be used, they can easily be revisedOn top of that you can easily have dirt brought into your land to increase the size of your padThen the house could fit perfectly fineInstead of dealing with the situation with a clear mind, you dealt with emotion, as you have the whole time we have worked togetherIm sorry for the stress this has caused you, I have done everything I could to resolve thisIf I dont have $to give back what do you expect me to do? It would be something different if I didn't completely finish the project, but I didI finished it, paid all of the people needed, and now we are hereI would never know if you took these plans to another lot, and used themYou still have completedstamped and pdfs of the plans per the contractI cannot afford to ive the $backSee you in Court

Initial Business Response /* (1000, 5, 2016/07/18) */
Contact Name and Title: [redacted]
Contact Phone: XXXXXXXXXX
Contact Email: [redacted]@hotmail.com
I was hired by [redacted] and [redacted] to design a home based on a manufactured house layout they had. In the beginning the project seemed fairly...

cut and dry, and the clients appeared to know what they wanted. From the start of the project I was very clear with the clients in terms of the roll I played. I am a designer, and would be acting as there authorized agent to provide the necessary drawings for a new home. In the beginning I explained the clients that I would be creating a site plan based on the provided information: Plot plan from client w/ storage building, information from the city. Based on the information I explained to the clients that unless a survey/topo map was provided the location of the home would not be exact.
Property lines, slopes, heights of hills, elevation, grade changes, and the exact location of a house can be provided by a survey/topo engineer. This engineer comes out and uses tools, gps, and calculations to determine the exact location of these items. I always tell the client in the beginning it would be the best idea to have this done in the beginning to avoid any issues. [redacted] and [redacted] were both aware of this in the beginning. I also stated that due to their lot being an odd shape that the exact location of the house could not be determined by me. We moved forward with the assumption that there house was located at min, within the city setback requirements.
As I started designing the home for the clients every floorplan provided was located on an overlay of the client's property. The overlay showed a thick yellow line around the property of where the assumed property line was. This was a document I received from the client, the city, and later from the septic tank engineer. The same site plan was used in all occasions, by (3) different people. As a designer and not a certified civil engineer, I wouldn't be able to determine if the documents provided was incorrect. We continued to move forward with the project. I used the provided setbacks from the city of Wildomar and started to design the client's home.
From the start as I stated I thought the clients knew what they wanted, later I determined this was not the case. From 7-24 first proposed plan, to 10-16 I created (5) full floor plans, and (3) full sets of elevations and 3d views. Between 7-24 and 10-16 I will have had many emails, phone calls, meetings at the client's residence, and mine to come up with a design they liked. Beyond this letter I will also have a hand written time-line showing the dates of drawings provided, as well as milestones of the relationship with the Houseins. Prior to the plan sent on 10-16, I sent an email to the client 10-2 stating the frustration this project was causing both parties. I requested that the clients take some time to really determine what they wanted regarding their house. I also stated my concern that the frustrations presented on both sides could cause issues later down the line.
11-14 I received an approval from the client stating they were pleased. At this point I continued with the plans, elevations, and coordination with the engineer. Between the start of the project and this 12-3 I have had many conversations with the client about my concerns:
1. Raised foundation vs slab, Conventional framing vs. trusses.
2. Client wanted 3 steps up to the house in the front, and 1 step at the back. I stated this would cause issues with the City, and they may ask for a survey or grading plan. (Later the city asked for this.)
3. The location of the house was very tight based on what the clients wanted and the existing conditions. Based on the site plan the house fit, it was just very tight in some areas. The design was always within the setbacks of the assumed property line and city guidelines.
4. The septic tank drawing was provided which showed the house, property line, and proposed seepage pits. The property line again was in the same location as mine.
We all felt the proposed house within the (e) footprint would be ok. I was also making sure to explain all steps of the plans to the clients. Tension was starting to grow and the reason was rather obvious. Anytime money is involved, and people being under deadlines, it can cause frustrations. It was clear both sides were frustrated but we continued move forward with the project.
After the Holidays I explained to the client I would receive the final structural engineering. This created another issue that is expressed in the timelines provided. 1-4-16 I sent an email to the client again to give them an update as well as the invoice, this created another issue. In my contract it stated that the house was to be billed on a per sf price. The garage, and roofed areas would be included under the same guidelines. This meant that the price would be per sf for the house, the garage size based on client, and any covered patios, decks, or other areas. This was stated in person as well as on the contract. [redacted] stated my contract was unclear, and that I did not explain to them the additional cost of patios they added, as well as the large garage. At this point I had already paid the engineer 1.25sf X all covered areas, and the client stated they would not pay this. I explained that if they did not want to pay this then I would remove it from the plans due to lack of payment. In the end, I decided to work with the clients miss-interpretation I would eat the cost. I would leave the price of the contract the same, include the addition of garage, as well as the patio for the same price. I also agreed to pay for (7) full sets of plans. My contract stated (3), but again I was working with them. 1-22 I sent an email to again express my frustrations as well as concern for outside input. I continued to stay transparent with the clients about how I felt, and my input since I was the design professional. They seemed to understand and we again continued moving forward. By the end of January the clients were very frustrated as they moved out and had been paying rent, and I was due to having to keep re-doing work, and adding additional items to my workload. In February I requested the soils report for the engineer to determine if everything with the foundation was ok. We also received a request from [redacted] needing the plans for a civil engineer. The client had attempted to submit the plans, and was rejected based on the city thinking a survey was needed. This was on due to the 3 steps in front, 1 in back.. At the end of April a topo map was presented. Once the topo map was received the client and I determined the Setback was not only in the wrong place, it was at the face of the (e) residence.
What I determined from this was that the (e) house not only had illegal additions it was also illegally placed on the lot. I explained to the client that we needed to determine if the property had any (e) easements. The reason I asked this was beyond the end of the (e) house the client had a lot of brick work done. They had high retaining walls, as well as planters, and an entry gate that now went at least 15-20 Ft. beyond their property, this was unheard of. Not only was the (e) house at the assumed property line, the client had retaining walls, and planters, and gates that were beyond this as well. Typically all of these things would need a permit, and city approval. This makes for the point that anyone coming to the property, Septic tank engineer, Designer, Previous designer for storage warehouse, and the City of Wildomar Parcel overlay, with knowledge of City requirements would think this was legally built. The only person who determined otherwise was the civil engineer.
After this a grading plan was also needed, and I again worked with the clients to help with what I could. The wife was in tears at a point with the stress of rent, money, and time. I understood that and explained I would not be charging the client anything else, and would do everything I could to help. This lasted until about 6-2. After 6-2 the project took a steady decline. I was then provided with an email stating that I breached contract and the client wanted her money back. [redacted] and [redacted], I am sorry for the long road we have been on I have done what you hired me to do. Create plans for a home to submit to the city of Wildomar. You received info that the setback is incorrect, preventing you to submit. At this point I have stated that I would revise your plans "again" so you could submit them. On top of that I have spent un-accounted dollars for revisions, (4) other floorplans, Additional engineering for the patios and garage, money for prints, gas driving to your house and business multiple times. I have offered what I could afford which is revising the plans. I have paid the engineer in full for his fee, as well as my employees, and materials. I do not have the $7,000.00 to refund. My offer still stands if you would like to finalize the plans.
Sincerely,
[redacted]
Initial Consumer Rebuttal /* (3000, 7, 2016/07/19) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Before we agreed on the contract, the professional way is to have a survey done for you to determin if the plans and sqft would or would not fit. Before, you take the retainer fee and drew up the plans. Thats the professional thing to do.
With our experience with you, even with the survey that shows the property lines, easements and set-backs. you still didn't realize it does not fit!
You as a 'professional' should have known that.
I had to hire a civil engineer to do a grading plan. He said he could not do it because the plans diffinetly will not fit to the standards required. All you had to do was look at the survey and plot plans. Which the civil engineer did look at.
At this point, you have caused us so much stress, financial loss, for all the services, survey, soil report, perk test, even a permit fee for Environmental health services, that cost a total of $7614.00 we had to have done due to fact that, you assured us that the plans would fit. Which don't and we cannot use.
We are also paying $1795.00 a month for a 1 year lease we are bound to, because we have to have the existing manfactured home removed. All because, we trusted you and your 'professionalism'. We don't trust ever doing business with you again. We don't want to waist another year filled with more stress and financial losses only to find out another year later that the plans your offering to re-do
might or might not fit! One waisted year is enough! You complained when we would not pay you more for the garage and patio, which were incluled in contract that we both signed. We read your contract. Did you?
You need to have done your due diligence as a professional, before taking our money and drawing plans that you assumed would fit, but don't.
I will ask one more time, to give us a full refund and we will except the loses caused by your lack of skill and professionalism, in the amount $7614.00 if you give us a full refund of the $7,000 we paid you basically for nothing. I can't use your plans period!
Or we will see you in court and we're going to request full restitution for all damages plus legal fee's. Which would amount to more than we are asking from you.
The ball is now in your court.
Final Business Response /* (4000, 9, 2016/07/30) */
The thing that still seems to be misunderstood by you is that I did not breach any contract. In the very begining before we came upon an agreed design I explained multiple times that the lot was shaped in a very odd way. I explained that I think a survey would need to be done because of this. You then went to explain that you had a parcel map because of the warehouse that was built. At this time I explained we could use the parcel information you gave me and we could come up with an estimated location based on the existing house. For you to state that me not contacting a civil engineer is not professional is just ridiculous. The claims you have posted from the beginning are ridiculous. You want to take me to court to due to a breach of contract when nothing has been breached. I have done everything that I was contracted to do. I have provided plans for the house as agreed, engineering as agreed, and the number of prints required to submit.
The statement stating that I didnt realize it doesnt fit is absurd. When you sent me the survey the first thing I said to you and you husband was that the property line is extremely clsoer then what was expected. I said that if the property line is that close that you and your husband need to check to see if your property has any easements. The reason this statement was made was due to the fact I couldnt possibly understand how you have Retaining walls, fences, planters, gates, walkways, and driveways off the property line. This is illegal per code, and I am not sure why the city wouldnt have come to your house sooner. If you had an easement this would have been the reason all of these items were allowed. When homes are sold typically they have to at least conform to simple things to be legal. Beyond the structure you have illegally constructed everything else would now need to be removed as well. For some reason you think that this is my fault. If I knew your property had all of these things illegally constructed I would have never done the project.
Going back to the survey, once you got this survey you went behind me to send it to the engineer. I only received the survey when you wanted me to put the information on my site plan. As I stated before once I saw it I stated the setback was close, and we had a conversation. In fact one of the conversations was when you were crying stating that you appreciated my help to find out why they needed a grading plan. I then explained the reason was because of the slopes, and dirt that would have to be retained.
I am a designer, I am not a civil or structural engineer. You state that being a professional I should have known the house didnt fit. I found this out the same time you did. I didnt even have the opportunity to revise the plans. When I offered to change the plans at least (3) times now you have said no.
So not only did I not breach anything, I also still after all of the issues offered to revise the plan to make it fit accordingly. One of the easy solutions would have been to bring in dirt and a retaining wall to make more space for the footprint.
Out of all the professionals that have been brought in, you still are blaming me for everything. You have been informed of every step. At times you said I was so rude because I told you what the best direction was, and you never followed anything I said. I stated the lot was tight for what you wanted and that you should get a survey done for an exact location. I stated adding (3) steps in the front of your house, and (1) step in the back would have caused the city to ask about a survey and grading plan, you didnt listen. I explained that having a truss roof system would be less expensive then having conventional framing, again you didnt listen.
Based on all of the emails, phone calls, and interactions you have never followed anything Ive said. You have always thought you or your husband know better in terms of designing, and construction.
In regards to the fees, a perc test which was done by an engineer before I even finished my plans was needed regardless if you used me or not. In fact the office you had do the perc test is a civil engineering company. When this company did the test and showed the location of the septic tank to close to the property line as well. As ive stated before if they didnt think anything was wrong with the setbacks, why do you think I would somehow know? Me stating you probably would need one to determine the exact location was stated at the beginning and many times after. I had to explain this to you and your husband multiple time because he didnt understand what I was saying. I also stated that if anything changed I would have no problem adjusting the house to make sure it was ok. This was stated many time as well due to the fact I made at least (4) layouts that this was a concern with.
To sum it up:
1. You said I didnt know the house didnt fit and I didnt understand the survey. Answer: Yes I did know it didnt fit and stated you need to see if an easement was done. I also stated that I would make the adjustments needed.
2. You state my contract included the garage and patio. Answer I stated the house will be charged per sqft, this includes the garage and porch. Its says it clearly in black and white. I understand English is not your first language so I explained it multiple times very clearly. I would need to charge per sqft for the House, the garage, and the porch. It wouldnt make any sens if I said all garages and porches are included and not charged. If you wanted to build a 2000 sqft garage I was supposed to do this for free, the engineer was suppose to do this for free? That makes no sense. The project was per sf all covered areas.
3. The year was not wasted because of me. This project took so long because your husband didnt understand floor plans. You would say the floor plan is ok move forward and then after I create elevations and renderings he would say oh is that the bathroom? I continued to work with you and your husband even after I stated that I wanted to cut ties because this project was not going in a good direction. I guess that was hindsight because now we are here.
4. You are paying 1795 a month. I have no idea why you would move out of your house before the plans were even done. This is just not clear thinking. You didnt need to move, there was nothing wrong, your house was not be demo'd why did you move. I explained that the City takes a while to approve plans for a new house, A NEW HOUSE. This project was not an addition. I think you made extremely poor judgement to move out early. Your brother is in construction and I draw plans. Everyone has told you getting plans approved is a long unknown process.
5. You paid me $7,000 dollars for the plans that were done and engineered. We revised the plans and re-printed many copies for you. Your husband is in the car business. At what point does he return full payment to a client after the work has been done. If he does everything that he stated and then the car still doesnt run, does he give the money back? No would anyone think you would be able to say "my car doesn' run still I want the 7000 I paid back because it doesn' work. Im sorry it doesn' work like that. I have employees, and The engineer has been paid in full. On top of that I have offered (3) times to revise the plans for you due to the fact I dont have the $7,000 to give back. You paid me for a service and I did it. I didn' breach my contract, I haven ignored your request, I didn' leave you in the dark when the city had questions. I have always been front and center doing my part as a professional. I did not lack any skill. The setback issues was an unforeseen thing that came up. This happens in every project this isnt lack of professionalism, its lack of telling the future. After you found this out, I still offered to be professional, so please think before you speak.
In the end Samer I have done everything I possibly could. My contract is as clear. It states the payments are not refundable. It also states what is included in my contract. Survey maps, and topos are not included. The plans can be used, they can easily be revised. On top of that you can easily have dirt brought into your land to increase the size of your pad. Then the house could fit perfectly fine. Instead of dealing with the situation with a clear mind, you dealt with emotion, as you have the whole time we have worked together. Im sorry for the stress this has caused you, I have done everything I could to resolve this. If I dont have $7000 to give back what do you expect me to do? It would be something different if I didn't completely finish the project, but I did. I finished it, paid all of the people needed, and now we are here. I would never know if you took these plans to another lot, and used them. You still have completed. stamped and pdfs of the plans per the contract. I cannot afford to ive the $7000 back. See you in Court.

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Address: 3437 Potomac Ct., Perris, CA, California, United States, 92570

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