Gus Roofing

Complaint: [redacted] I am rejecting this response because:Gus Roofing did have a choiceHe in NO WAY contacted me when all of this occurredMy agent and I had to call, text, and email several times to even receive a single response regarding when the work was going to be finishedI was informed that I had to give permission for Gus to release and transfer warranty information to the agent since I was the home ownerI should have been contacted by Gus right away instead of waiting over days for Gus to respond when we were trying to closeThis leads to the question: Why was I not contacted when the agents were acting this way regarding payment? I have an email ONLY stating I gave permission to transfer and release information to the agentsI should have been contacted IMMEDIATELY when payment issues started happeningI am the one paying this billInstead, I received not one, not two, but THREE emails with the bill and letter to put a lien on my property on the morning of closingThe title clerk [redacted] tried calling Gus to explain that a check would not be held since it's the title company that writes the checks and handles the money exchange and that a lien will prevent closing [redacted] stated that Gus was unreasonable and rudeI should not have been invoiced for lawyer fees when I was never contacted to address this issueI also don't feel that Gus called his lawyerI would like to see proof of payment and said payment clearing his bank accountI feel Gus is trying to get another $out of spite which is wrongEspecially since I never was contacted about thisIf I had to give permission for Gus to transfer and release the warranty to close on the home (which I have the email only giving permission to transfer and release information and nothing else), Gus should have never dealt with the agents regarding paymentHe should have come to directly to me Regards, [redacted] ***

Please see attachedI tend to make this the last response.April 11, 2016Complaint: ***In Response to Rejected Response:As stated in my previous responseThat the communication between the customer and the customers selling agent was lacking.It was clearly stated on March 05, when the customer, the insurance adjuster and the customers selling agent and I met at *** *** *** *** *** ** that her selling agent would handle the selling situation on the behalf of the customerAfter that meeting, the customer had no contact with me and all communication was done by her selling agent(After all when someone hires a real estate agent that agent is acting on his or her customer’s behalf and should keep his or her client informed at all times) So I do not understand where the customer says that she was not inform when the agents were acting this way regarding payment and that I should have called her nor do I understand where the customers says I waited three days to contact her when they were trying to close when in fact the issue with of the tile company not releasing funds was texted to me by her selling agent on the morning of closing which was on March 28.Contacts with Customer:I called the customer on March to let her know that roof was going to be completed that dayThe last contact date to and from the customer was March when the customer emailed me regarding permission to transfer warrantyThe emails says: Afternoon, You have my permission to transfer and release any information that is required for the home to closeThank you, *** XxxxThe customers selling agent called me March 08, to let me know that closing was to be on the March 17, and if the roof was not completed by then that there was going to be a problem and proceed to ask me other questionsThat was the only phone call I got regarding the roof being completedThere is no record of any phone calls, text messages, or emails stating that the customer or her selling agent were trying several times to contact me regarding when the roof was going to get done like the customer claimsI would like to me those emails, text messages or phone call records.The customers question in her previous response:Why was I not contacted when the agents were acting this way regarding payment? My answer is you should ask your agent why? I don’t know because by that time the customer already had an invoice from me in the exact amount as the written estimate.*** from the tile company did call me on March but it was after I had contacted my attorney and attorney fees had already been paid*** did NOT mention that the lien would prevent closing(A lien does not necessarily prevent a closing and I believe that *** knows that) Given the circumstance that a real estate agent texts me saying the tile company is not going to release payment for the roof and telling *** that I have secured payment in the form of a lien and that the attorney fees were added to the invoice is rude then I guess I was rude and I apologizeI did email the customer copies of the invoice and intent to lien twice to make sure notice was deliveredShe might have gotten another copy from the tile company.Due to her selling agents text message about the tile company not releasing payment a late fee was added to her invoiceThe late fee was refunded to the customerAs of April 07, check number in the amount of $was mailed out April The attorney and collection fees will not be refunded because those fees were paid up front and need to be recoveredAgain I am sorry for the way the customer feelsIt was not my intention to make her feel that I am trying to get more money out of the deal(She already had an invoice from me in the exact amount as the written estimate) In the late event of this situation it is a way of securing payment and may I add that If not for the intent to lien, how would the customer pay otherwise? The customer did agree to pay the attorney and collection fees if necessary when she accepted the written estimate.In closing to my response; My contractual obligation to the customer was to replace her roof before closing which was completed on March 11., and provide the customer with the warranty only after full payment had been receivedFor convenience to the customer, the warranty was issued in the new homes nameAs far as why the customers real estate agent did not relay information to her on a timely manner is beyond meAgain, *** I am sorry that you feel that you had a negative experience with your closing and not the roof replacement

Please find the response attached.In response to customers’ complaint ***The customer failed to mention vital informationIn the begging the customer stated that in order to sell her house the roof had to be replaced furthermore that the customer did not have the funds on hand needed to
cover the cost of the roof replacement and that upon closing the proceeds would be used to pay for the new roofThe customer stated that her closing was scheduled for March 08, We agreed that the Tile Company would write me out a check at closing and I would have to wait a couple of days for payment to arrive via mail(It was agreed in writing and signed by the customer) At the same time I clearly briefed the customer that any warranties for the new roof would be given only after full payment was made for the work performedThe customer understood and agreedI week later the customer emails to notify me that the closing had been moved to March 17, On March 08, the customers’ selling agent calls me to let me know that closing was to be on the March 17, and if the roof was not completed by then that there was going to be a problemThe roof was started and completed on March 11, On March 15, the selling agent calls me to let me know that closing had been cancelled again and moved to March 28, I said no problem just mail me payment, the customer already has the invoiceOn March the selling agent calls me to let me know that the buyers are freaking out because they don’t have a shingle warranty in hand and may not be willing to closeI explained to him what was explained to the customer in the begging, that any warranties issued would be issued only upon full payment for work performed and issued to the right full owner of the property at the time of the roof replacementIn the morning of March 28, about 8:am the sellers agent texts me saying that the buyer’s agent is saying that the tile company is not going to release the funds for the roof replacement because they do not have a warranty on the new roofI replied that is too bad, I am going to have to place a lien against property to secure payment for the roof replacement.That is just what I didI quickly paid attorney fees up front (as most attorney fees are paid up front) so that an Intent to Lien would be issuedA finally invoice was provided to the customerThe invoice included the original price of the roof replacement, a late fee and attorney feesThe attorney fees are beyond my control and just get added to the invoice as agreed on the written estimate.It is was never my intention to cause a negative experience for the customer but when you have the selling agent text you the day of closing saying that the buyer’s agent is saying that they are not going to release the funds to cover the roof replacement then I have to secure paymentIn this circumstance, placing a Lien on the Property was the only and best way to secure payment for the roof replacementI have the right to do so.Let it be known that the customers’ complaint has nothing to do with the roof, roof installation, type or color of shingles nor is the customer saying that I took payment up front and never did the any workThe roof was replaced according to the agreed written estimate and completed on or before time specifiedThe customers’ complaint is more of - someone did not get enough money at closing because the money was redirected to pay the LienA Mechanics Lien does not necessarily mean one cannot sell or close on their property, it simply means that a person or contractor did not get paid for work performed and would like to get paid when the property is soldI believe the issue here stands between the buyer’s agent, the selling agent and customer not communicating well.I am deeply sorry that the customer feels this way, but given the circumstances I had no choice but to secure payment this way

Complaint: [redacted]
I am rejecting this response because:Gus Roofing did have a choice. He in NO WAY contacted me when all of this occurred. My agent and I had to call, text, and email several times to even receive a single response regarding when the work was going to be finished. I was informed that I had to give permission for Gus to release and transfer warranty information to the agent since I was the home owner. I should have been contacted by Gus right away instead of waiting over 3 days for Gus to respond when we were trying to close. This leads to the question:  Why was I not contacted when the agents were acting this way regarding payment? I have an email ONLY stating I gave permission to  transfer and release  information to the agents. I should have been contacted IMMEDIATELY when payment issues started happening. I am the one paying this bill. Instead, I received not one, not two, but THREE emails with the bill and letter to put a lien on my property on the morning of closing. The title clerk [redacted] tried calling Gus to explain that a check would not be held since it's the title company that writes the checks and handles the money exchange and that a lien will prevent closing. [redacted] stated that Gus was unreasonable and rude. I should not have been invoiced for lawyer fees when I was never contacted to address this issue. I also don't feel that Gus called his lawyer. I would like to see proof of payment and said payment clearing his bank account. I feel Gus is trying to get another $3500 out of spite which is wrong. Especially since I never was contacted about this. If I had to give permission for Gus to transfer and release the warranty to close on the home (which I have the email only giving permission to transfer and release information and nothing else), Gus should have never dealt with the agents regarding payment. He should have come to directly to me.
Regards,
[redacted]