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Gretchen's Painting Reviews (4)

May 8, 2014
Re:  ID # [redacted]
Thank you for giving me an opportunity to respond.
I was contracted by [redacted] of [redacted]., in March of 2013.  At that time she was looking for a faux finisher to do some Tuscan trowel and glazed wall...

treatments in her home.
Over the next several months she and I exchanged emails and had several meetings in person to look at paint samples, discuss colors, textures, schedules, etc.  I sent her three different bids (at her request) because she kept changing the scope of the project.  
At some point it became apparent that she would also need a painter do non faux-finish painting, such as woodwork, ceilings, and some new walls which would be painted in a solid color.   I had not previously given [redacted] bid for any of that work (except for the ceilings), but in a conversation at her home (with a witness) we agreed that I would be allowed to bill [redacted] fair and competitive rate for any such items without a prior written bid. 
The job was to be performed in at least two sections: Phase I included the texturing, painting, and glazing of walls in her three bathrooms, her main living area, and, per the agreement above, ceiling painting where necessary because of patching, and painting of two new sheetrock walls and a mud room.   
A Phase II section was to include painting and/or touching up of existing woodwork, much of which needed a complete repaint, French doors, and solid colors on two bedrooms, as well as a specialty finish on a master bathroom soffit (for which we were waiting for [redacted] to choose a bathroom counter.)  
[redacted] saw samples of all my work and even saw large samples of the glaze I was going to do in her main living area (also with a witness.)  She approved the finish and left to return home before I was completely done.  She also paid me at this time (this was at her request; she needed to bring a check from Lubbock) in the amount of $9,850, which included Phase I only.  I concluded Phase I and deposited the check prior to July 8th. 
It was not until a month later, August 5th, that [redacted] expressed discontent with her job.  It is my opinion that she decided she did not like the color she chose AFTER seeing it with her cabinets and wood floors (which had been installed and stained after the walls and cabinets were complete.)  I offered to fix any areas that she found offensive but instead she required that I repaint all of the walls I had glazed in the main living areas.   I did so at my own time and expense, with labor and materials costing me close to $2,000.   
[redacted] also contended that I had ruined her existing woodwork by getting paint, texture and glaze on it.  As I explained countless times, I started by masking those areas but construction dust made the masking not stick, so, knowing that Phase II included repainting/touching up woodwork anyway, I did not worry about it.  I did clean up any glaze or texture on woodwork that was previously clean prior to leaving the job; I did not clean any woodwork that was going to need repainting anyway due to age, cracks, and the remodel.  
[redacted] also accused me of overcharging her in two instances.  I was able to provide accounting for those costs, but she has refused to acknowledge that, stating instead that I promised to reimburse her for all the areas.  I originally offered to reimburse her $295, but, after repainting at my own expense, I concluded that I did not owe her further and stated this in an email of August 10, 2013.  
Because we had finished Phase I and I knew that [redacted] was unhappy with my work, I offered to let her find another painter to complete Phase II (which did not include faux finishing and could have been done by any local painter.)  She stated that she wanted me to continue working in her home.
I sent her a final estimate prior to beginning Phase II and, based on her email response, realized that the customer/contractor confidence had been breached and that [redacted] was likely to be unhappy with any future work I did in her home.  At this time I sent her an email respectfully withdrawing my submission to do any more work in her home, and instead gave her the names and number of professionals at the local paint store to help her find a new painter.  I had NOT been paid for any of the Phase II items, and therefore did not “walk off the job” as [redacted] contends.  My email was respectful and professional.
The next day (August 11, 2013) I received an email from [redacted] stating that she intended to pursue legal action against me.  I heard nothing more from her until I received a demand letter from her attorney on January 17, 2014.  
[redacted]’s issues with her paint job could easily have been addressed, and I offered to do so.  I have owned my own business with an excellent reputation and hundreds of satisfied clients for the past eighteen years.  I feel certain that I could have worked with [redacted] to come to a mutual satisfaction with the finishes; however, she became extremely adversarial and stopped any of my attempts to communicate with her.  
As of January 17, 2014, [redacted] has continued to increase the amount of money she is trying to recover from me, including holding me financially responsible for items I never touched in the first place.  
Due to her legal action, I have also accrued legal fees.  Through my attorney, I have offered [redacted] settlement (although completely unfair to me) in the best interest of settling this matter.  Had [redacted] been reasonable in letting me work with her to complete her job, this would not have been necessary.  Therefore I owe her nothing in legal fees.  
I can provide emails and photographs, as well as eye-witnesses and affidavits, stating that [redacted]’s claims against me and Gretchen’s Painting are greatly exaggerated and in some cases, downright false.   I made reparations to her specifications by August 11, 2013, and did not receive any payment for work I had not yet completed. 
Gretchen’s Painting has had a sterling reputation in the Georgetown and surrounding areas since 1996.

From: [redacted] [mailto:[redacted]] 
Sent: Thursday, May 22, 2014 10:14 AM
To: [redacted]
Subject: Re: Your Revdex.com Complaint ID#[redacted], Gretchen's Painting
Dear [redacted],
Thank you for sending this to me.
First of all, I must object to the word "threatened". I owned a company for over 30 years and would never "threaten" a person. 
[redacted], through her attorney [redacted], advised my attorney last week that since I did not accept their offer of the $1,090. That [redacted] technically owes me, he is basically closing the case. He did threaten to sue me because I made a complaint with the Revdex.com and wanted me to withdraw my complaint. Therefore, her statement that " we are in the process of resolving this issue" is completely false. I wish I could attach the last email from [redacted]'s attorney. I will try to forward that to you to prove this point. Again, it will show that [redacted] is deceptive.
I did not accept this offer because I felt it was an insult. [redacted] agreed originally that she owed this money to me but as you can see, she never made any attempt to reimburse me. Ii did send her an email asking for the overcharged amount and it went ignored. I was then faced with repairing all of the damage she had done to my walls at further expense to me. Again, I never asked for the entire amount of $9,850. To be reimbursed because I was trying to be fair. My attorney offered a $5,000. Settlement which was much lower than my expenses, but [redacted] refused this settlement.
We could go back and forth with both sides giving their rebuttals. I think you have all of the facts and I leave this up to you to make a fair decision.
Again, I will try to forward [redacted]'s email to my attorney to you. 
Thank you for assisting me in sending this email while I am away from my desk.
Regards,
[redacted]
From: [redacted] [mailto:[redacted]] Sent: Thursday, May 22, 2014 10:24 AMTo: [redacted]Subject: Fwd: [redacted] Matter
 
[redacted],
I was able to get my [redacted] to forward this email to you, I hope. Please read the response from [redacted]. Does this sound like "the issue is being resolved" to you? I guess as far as [redacted] and [redacted] are concerned it is resolved. Either I accepted the $1,090. Or they threaten to sue me.
 
I have provided all of the facts and previously attached the bid proposal, invoice and a few photo's of the inferior workmanship. 
 
Thank you for your assistance.
 
Regards,
[redacted]
Sent from [redacted]'s [redacted]
 
Begin forwarded message:
From: [redacted] <[redacted]>Date: May 19, 2014 7:44:50 PM GMT+01:00To: "[redacted]" <[redacted]>Subject: FW: [redacted] Matter
Here’s the response.
 
From: [redacted]] Sent: Monday, May 19, 2014 1:44 PMTo: [redacted]Subject: RE: [redacted] Matter
 
[redacted]’s status as a consumer does not protect her from making defamatory statements against [redacted] or her business.  My client will not be making any other offers and any previous offers are hereby withdrawn.
 
 
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From: [redacted] [mailto:[redacted]] Sent: Monday, May 19, 2014 1:36 PMTo: [redacted]Subject: RE: [redacted] Matter
 
[redacted]: My Client has shared her experience regarding [redacted] with the Revdex.com and [redacted].  As a consumer, she is entitled to her opinion and all of her statements were truthful.  My Client cannot “remove” her complaints lodged with each company if she wanted to.   
 
[redacted] rejects your client’s offer of $1,090.00.
 
[redacted] 
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[redacted]This electronic message and any attachments are intended for the use of the individual or entity to which this message is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited.  If you have received this electronic message in error, please notify us immediately by reply email or by telephone at the telephone number above.
THIS E-MAIL ADDRESS IS NOT FOR RECEIPT OF FILINGS AND THEY WILL NOT BE ACCEPTED.  FILINGS E-MAILED TO THIS OFFICE MUST USE [redacted]
 
 
 
 
From: [redacted] [mailto:[redacted]] Sent: Wednesday, May 14, 2014 4:29 PMTo: [redacted]Subject: RE: [redacted] Matter
 
[redacted] 
My client’s offer is final.  [redacted] has until Tuesday, May 20th to accept it or the offer is withdrawn and will not be offered again.  Please inform your client that she is to immediately remove from all sites the defamatory claims she has made against [redacted] and her business.  Failure to do so will result in legal action.
 
 
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From: [redacted] [mailto:[redacted]] Sent: Tuesday, May 13, 2014 10:02 AMTo: [redacted] ([redacted])Subject: [redacted] Matter
 
[redacted]:
I have spoken with my client and she is not willing to accept the $1,090. as your settlement as this is the amount that your client overcharged her based upon the bid from [redacted]. [redacted] originally agreed she overcharged my client and also agreed to reimburse her, which she did not do. My client incurred significant expenses to repair the faulty workmanship of [redacted].
 The amount of $5,000. is the lowest amount my client will accept as restitution. My client has advised me that she fully intends to pursue this matter.
 I look forward to hearing from you by Tuesday, May 20th.
 [redacted] 
 
[redacted]
[redacted]
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[redacted]
[redacted]This electronic message and any attachments are intended for the use of the individual or entity to which this message is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited.  If you have received this electronic message in error, please notify us immediately by reply email or by telephone at the telephone number above.
THIS E-MAIL ADDRESS IS NOT FOR RECEIPT OF FILINGS AND THEY WILL NOT BE ACCEPTED.  FILINGS E-MAILED TO THIS OFFICE MUST USE [redacted]

Complaint: [redacted]
I am rejecting this response because:
 
There are so many inconsistencies in [redacted] response. I am truly appalled. 
[redacted] provided several bids and one was accepted. Never did we discuss needing another painter. She was to do the work her bid proposal outlined.  In fact, she advised that all my woodwork needed was to "use a Magic Eraser to clean the marks on some of the woodwork". 
 
It is completely untrue that we discussed any further painting as she claimed. All work to be performed was outlined in her bid.
 
[redacted] did provide "sample boards" but I was the one who took the paint and made a sample on the wall. Not her. I had to leave this house and return to my home in another city as I was leaving the following day for business out of the country. I could not stay and oversee her work due to my own work schedule.
 
I did pay her before the job was completed. She was leaving town on a 2 week family vacation and wanted the money. The check was mailed on July 1st and it was endorsed by her bank on July 3rd. I do have a copy of the check, front and back.
 
Her opinion is incorrect regarding the color of the job. In fact, the walls are painted virtually the same color now. The difference is the glaze. We now have a professional glazing job on the walls that were not allowed to coagulate  in the corners, on top of baseboards and around door frames. The problem stemmed from a VERY sloppy work. [redacted] has indicated that she has a witness to discussions. This contractor was hired by me to do some of the work within the house. He was NOT privy to any discussions between [redacted] and myself. In fact, an email from [redacted] dated August 10, 2013 states " I did not mean to imply that [redacted] was involved in any decision-making about the work. He has never been part of our conversations." I have a copy of this email that I am willing to provide. BUT, I did have a witness to the discussion with [redacted] when I voiced my complaint to her about her work. A man installing our cabinets was in the room when I showed [redacted] all of the corners she allowed the glaze material to form. He also was a witness when [redacted] agreed that she over billed me and agreed that she would reimburse me the $1,090. 
 
I took pictures of the walls to [redacted] Paint, which is where [redacted] buys her paint. The manager advised me that these walls could not be "fixed" and that all of the walls would need repainting. He also told me that in his professional opinion this job was extremely bad. 
 
Painters always protect the woodwork when painting walls. [redacted]'s excuse that construction dust did not allow her to protect my woodwork is ridiculous. She acted in haste. I have consulted various painters and absolutely none of them agreed that construction dust prevents one from putting plastic and tape on woodwork to prevent any spillage. I have pictures proving that glaze, texture and paint was allowed to be spilled onto the woodwork. Please see attached. [redacted] claims she intended to clean up her mess. She would have had to paint all on the woodwork, not just wipe it clean.
 
I realized after my confrontation with [redacted] that I would never be reimbursed the $1,090. that was owed. Therefore, I offered her to paint the bedroom walls and then my intention was to deduct the $1,090. from her bill. She walked off the job and never returned. She lied to me when I asked her about protecting all of the woodwork. She lied to me about why she overcharged me. I could not believe anything she said to me now.
 
Statement: " [redacted]'s issues with her paint job could easily have been addressed, and I offered to do so." She walked off the job so how could she have offered to repair her work? How did I "stop any attempts to communicate with her"? I paid in good faith, received poor workmanship and the painter walked off the job. Do you think I liked having dark brown glaze on my windowsills and baseboards or this same dark brown glaze in ALL of the corners of every single wall? 
 
I pursued this legally as [redacted] never reimbursed me the money she owed me and I had to hire painters to redo 100% of the work she painted. So, not only am I out the $9.850 I paid her but now I paid painters to repaint her work AND paint all of the woodwork. It is completely untrue that I am "holding her responsible for items she never touched."  I never asked for the $9,850 to be returned. My last offer to [redacted]'s attorney was $5,000. They rejected that offer.
 
The settlement she offered was the amount she overcharged me - $1,090. Not any of the money I paid to repair her work. My legal fees are close to $4,000. [redacted] said she has a "sterling reputation". Yet, in a conversation she had with me she told me about a woman she did a paint job for that was so dissatisfied with her work that [redacted] was made to redo all of her work. She also told me about charging clients to paint their woodwork when all she did was use [redacted] magic eraser to clean the woodwork. 
 
I am attaching [redacted]'s bid. As you will note, I totaled the amount. I am also attaching her invoice. You will clearly see the overcharges. I have also attached photo's of just some of the walls and windowsills. Would you want this type of work in your home that you just paid $9,850.? 
Regards,
[redacted]

May 21, 2014
 
Re:  ID # [redacted]
 
Second response:
 
[redacted] threatened me with legal action in August, 2013.  I received a demand letter from her attorney in January, 2014.  Since that time I have also retained legal counsel.  We are in the process of resolving this issue, so I am not at liberty to make any further comments about this particular case at the time. 
 
I would, however, like to respond, for the Revdex.com’s records, as to my record of client satisfaction. 
 
Bid/Estimate process:  I write comprehensive bids to accommodate walls, woodwork, ceilings, etc, prior to beginning any work.  All aspects of the job are laid out in different line items so that the client can choose.  These items are based on my measurements; in the event that the building or remodel is incomplete at the time of my bid, there may be a small change if the finished remodel results in more or less space to be painted.  If that change is less than 10% of the total project, it is usually not necessary to rebid the entire job; rather, I measure what I’ve actually painted at the end and my invoice reflects the actual space.  In certain cases if I’ve written more than one bid to accommodate a changing project, I refer the client to an earlier bid for specific line items. (For example:  “Please see my bid of April 3rd for ceiling prices.”)
 
In a large project (including several rooms, walls, woodwork, ceilings, components, etc), I generally break it down into phases which are bid and billed separately.  I will receive payment for Phase I upon or near completion prior to beginning Phase II.  In a remodel where floors are being refinished or installed, it is common practice to leave the woodwork for the last phase of work.  This is because the installation process can damage baseboards.
 
I have never charged a client for painting any surfaces that I did not actually paint.  In the case where woodwork is only slightly dirty, for example, I may suggest to the client that it can be cleaned.  In that case, it is the client’s responsibility to clean it and I do not bid it at all.  If, however, I add the woodwork as a separate line item, it means that some painting will be necessary.  Many times there are only certain areas of woodwork that need to be completely repainted, as opposed to the entire house.  In those instances, I bid and charge only what needs a complete repaint.  This would include woodwork that has cracks in the original paint, scuffs, nail holes, in need of caulking, newly replaced woodwork, old grime, etc.
 
If my attempts to mask a surface have failed, I take care of any errant spills or drips at my own expense on surfaces that were previously clean.  If, however, drips or stains get onto a surface that is due to be painted in a second phase, there is no need to address them until that time.  
 
Handling Client Concerns:  Throughout eighteen years of painting, I have occasionally had jobs where the clients had concerns or issues with the finished product.  My protocol for dealing with client concerns is the following:
 
 
1.      I ask the client to show me and discuss with me any issues.
 
2.      If the issue is caused by me (such as an area of glaze that is not blended well, for example) then I take care of it at my own expense.
 
3.      I show samples to my clients before I begin the finish.  In the event that the finished product does not look like the sample (give or take 10% since faux finishing is a human, variable type of process) I rectify it at my own expense.
 
4.      If I have shown samples to the client and my finish looks like the samples but the client is now unhappy with the color, for example, I work to resolve this issue in a manner that is fair to both of us.  In this case, we may agree to split the cost difference to change the color, since the client approved the original color in the first place.  This is a matter of personal preference and not a matter of my professionalism or workmanship.
 
5.      I always offer for my clients to be present when I am doing the actual faux finish.  I know that this is very subjective and therefore I welcome their input while I am in the process so that we can avoid any miscommunications.
 
6.      When the job is finished, I walk through with the client to discuss or handle any items still at issue or that I may have missed. 
 
7.      If, at any time, a client becomes aggressive or adversarial or otherwise crosses a professional boundary, I will make such reparations as the client immediately demands to fulfill the current contract (if within reason) and then, if convinced that the situation will not improve, decline any future job offers with said client.  (Fortunately, this has only happened twice in my career; the other time was resolved to everyone’s satisfaction but I did decline additional job offers from that client.)  
 
 
My reputation as a painter stands because I am willing to work with my clients to resolve issues.  Never before in eighteen years of business has anyone threatened or pursued legal action against me.
 
[redacted]

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